Pachkaudi vs The State Of Madhya Pradesh
2023 Latest Caselaw 383 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4276 of 2021 (PACHKAUDI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 06-01-2023 Shri Manoj Mishra, counsel for the appellants no.4 and 5 Nikhlesh @

Bhura and Ranjeet.

Shri S.K. Kashyap, Government Advocate for the State.

I.A. No.11617/2022 and I.A No.11620/2022, are taken up seeking suspension of sentence and grant of bail to the appellant No.4 Nikhlesh @

Bhura and appellant No.5 Ranjeet arising out of judgment dated 15/07/2021 delivered in Sessions Trial No.48/2020, by 5th Additional Session Judge, Chhindwara, District Chhindwara.

The appellants have been convicted under Section 302/149 and 147 of the IPC and sentenced to undergo R.I. for life with fine of Rs.1000/- and R.I. for one year with fine of Rs.500/- with default stipulations.

B y taking this Court to the prosecution story, it is submitted that on 04.04.2020 at around 8.00 PM, the deceased Anantshyam was assaulted by various accused persons. The present appellants did not use any deadly

weapon. Considering the fact that only kicks and fists were used by one accused Jagrup @ Jagru, this Court granted benefit of suspension of sentence to him on 05.04.2022. The case of present appellants is much better because Jagrup @ Jagru called the deceased person from his house and subsequently, he was assaulted and died. The present appellants admittedly used their body parts and did not use any weapon to assault Anantshyam. Thus, by applying principles of parity, remaining jail sentence of the appellants No.4 and 5 may be suspended..

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 1/6/2023 5:27:56 PM

Shri S.K. Kashyap, learned Government Advocate opposed the prayer b ut did not dispute that these appellants are similarly situated qua appellant no.3 Jagrup @ Jagru.

Considering the aforesaid factual backdrop, we deem it proper to suspend the remaining jail sentence of the appellants No.4 and 5. Accordingly, I.A. No.11617/2022 and I.A No.11620/2022 are allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.4-Nikhlesh @ Bhura and appellant no.5 Ranjeet are hereby suspended and it is directed that the appellants be released on bail on their furnishing a personal bond for a sum of Rs.30,000/-

(Rupees Thirty Thousand only) each with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Chhindwara on 17/04/2023 and also 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)                                (DWARKA DHISH BANSAL)
                                 JUDGE                                           JUDGE

                         pb




Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 1/6/2023
5:27:56 PM