Sailendra Singh Dangi vs The State Of Madhya Pradesh
2023 Latest Caselaw 1575 MP

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 409 of 2020
                                          (SAILENDRA SINGH DANGI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 27-01-2023
                                 Shri P.S. Tomar - Advocate for the appellant.

                                 Shri Arvind Singh - Govt. Advocate for the respondent State.

Heard on I.A.No. 12443/2022 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Shailendra Singh Dangi arising out of judgment dated 14.11.2019 delivered in S.T. No.

57/2018 by the learned Second Additional Sessions Judge, Sagar.

The appellant has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs. 2000/- with default stipulation.

As per prosecution story, on 16.12.2017 the appellant had a sudden quarrel with Surendra Singh because of a trivial issue. The said quarrel took an ugly shape when appellant allegedly assaulted Surendra Singh by means of a Lathi and inflicted a single lathi blow on the person of deceased causing a fatal head injury due to which Surendra Singh succumbed to injury thus received on

17.12.2017.

Learned counsel for the appellant submits that appellant remained in actual custody for more than 5 years. Considering the factual backdrop, at best, appellant can be held guilty for committing offence under Section 304 Part -II of IPC. Half of the sentence as per Section 304 Part (II) of IPC has already been undergone. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the appellant may be suspended.

Learned Government Advocate opposed the prayer. Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 1/27/2023 4:04:29 PM

We have heard the parties and perused the record. Considering the factual backdrop, without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant. Accordingly, I.A.No. 12443 / 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant is hereby suspended and it is directed that on furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) along with one solvent surety in the like amount to the satisfaction of the trial Court, the appellant Shailendra Singh Dangi be released on bail with a further direction to remain present before the Trial Court, Sagar

on 24/04/2023 and on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                             (SUJOY PAUL)                                           (SMT. ANJULI PALO)
                                JUDGE                                                     JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 1/27/2023
4:04:29 PM