Kailash vs The State Of Madhya Pradesh
2023 Latest Caselaw 624 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                           AT INDORE
                            CRA No. 1526 of 2016
                      (KAILASH Vs THE STATE OF MADHYA PRADESH)

Dated : 10-01-2023
        Ms. Sharmila Sharma, learned counsel for the appellant no.1.

        Shri Kamal Kumar Tiwari, learned G.A. for respondent/State.

Heard on I.A.No.11363/2022, which is first application for grant of suspension of sentence filed under section 389 of the Cr.P.C. on behalf of appellant-Kailash.

The trial Court has convicted the appellant under Section 302 of I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.5,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 02.03.2016 passed by Sessions Judge, Alirajpur in S.T. No.33/2015.

As per prosecution case, on 27.12.2014 at about 8 p.m. the appellant has assaulted his father/ deceased Bhangdia on his head by means of brick. The appellant has also assaulted the deceased on his right elbow and back. Due to injuries the deceased had died on the same day.

Learned counsel for the appellant submits that the appellant has not

committed any offence. He has falsely been implicated in the case. As per prosecution case offence under section 302 of the IPC is not made out but offence only under section 304 (Part-II) of the IPC is made out. The appellant is in custody since 30.12.2014. Final hearing of this appeal is not possible in near future therefore, it is prayed that looking to the custodial period, the remaining sentence may be suspended and the appellant may be released on bail.

Learned Govt. Advocate for the respondent/State has opposed the

prayer of the appellant.

We have heard learned counsel for both the parties and perused the record.

Looking to the facts and circumstances of the case and also considering the custodial period of the appellant coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A.No.11363/2022 is allowed and jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the

sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 27.02.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.11363/2022 is allowed. I.A. No.11365/2022 for urgent hearing stands closed.

List for final hearing in due course.

C.C. as per rules.

           (S. A. DHARMADHIKARI)                      (PRAKASH CHANDRA GUPTA)
                    JUDGE                                      JUDGE

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Date: 2023.01.11 10:44:25
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