Rajbali Mushar vs The State Of Madhya Pradesh
2023 Latest Caselaw 1719 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 1763 of 2015
                                         (RAJBALI MUSHAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 31-01-2023
                                 Shri G.R. Saket - Advocate for the appellant No.1.

                                 Shri Ajay Shukla - Government Advocate for the respondent/State.

Heard on I.A.No.16263/2019 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 Rajbali Mushar arising out of judgment dated 19/03/2015 delivered in S.T. No.82/2012

by Additional Judge to the Court of I Additional Sessions Judge, Singrauli.

The appellant has been convicted under Sections 302/149 of the IPC and sentenced to undergo live imprisonment and fine of Rs.1,000/- with default stipulation.

Learned counsel for this appellant submits that as per prosecution story appellant alongwith other co-accused persons assaulted deceased Dudil Saket by means of lathi. Para-4 of deposition of widow (PW-1) of the deceased is relied upon, wherein she attributted similar role to this appellant and other co- accused persons. It is submitted that this Court was kind enough in suspending

the remaining jail sentence of appellant No.3 Prem Mushar way back on 08/03/2016. Thereafter, in Cr.A.No.2609/2017 on 13/07/2018, this Court suspended the remaining jail sentence of co-accused Ramesh Saket. Similarly, in Cr.A.No.1546/2015, by order dated 13/04/2017, this Court suspended the remaining jail sentence of co-accused Tulsi Saket. Appellant remained in actual custody for more than seven years. He allegedly gave a lathi blow to the deceased. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant No.1 Rajbali Mushar may be suspended. Signature Not Verified Signed by: ANURAG SONI Signing time: 01-Feb-23 1:29:51 PM

Shri Ajay Shukla, learned Government Advocate opposes the prayer, but did not dispute the custody period of this appellant.

Considering the aforesaid, without expressing any opinion on the merits o f the case, we deem it proper to suspend the remaining jail sentence of appellant No.1 Rajbali Mushar. Accordingly, I.A.No.16263/2019 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant No.1 Rajbali Mushar is hereby suspended and it is directed that on furnishing a personal bond for a sum o f Rs.30,000/- (Rupees Thirty Thousand Only) along with one solvent surety in the like amount to the satisfaction of the trial Court, appellant No.1

Rajbali Mushar be released on bail with a further direction to remain present before the Trial Court, Singrauli 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)                              (AMAR NATH (KESHARWANI))
                                  JUDGE                                           JUDGE

                          as




Signature Not Verified
Signed by: ANURAG SONI
Signing time: 01-Feb-23
1:29:51 PM