Kanji vs The State Of Madhya Pradesh
2023 Latest Caselaw 826 MP

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                          CRA No. 4372 of 2022
                                               (KANJI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-01-2023
                                  Shri Vivek Singh, learned counsel for the Appellant [A-1].

                                  Shri Aakash Sharma, learned G.A. for respondent/State.

Heard on I.A. No.15551/2022, first application for suspension of sentence and grant of bail filed on behalf of Appellant No.2- Alpa is taken up.

Appellant has been convicted under Section 302/34 of IPC and

sentenced to undergo RI for life with fine of Rs.10,000/- with default stipulation.

A s per prosecution case, appellants assaulted the deceased- Savla by means of kicks and fist. On 1.11.2019, deceased conceived injuries on abdomen and left chest due to which Savla had died on 04.11.2019 during the treatment.

Learned counsel for the appellant submits that main accused is Kanji, who assaulted the deceased by kicks and fist. As per prosecution case, the appellant only slapped him. It is further submitted that son of deceased Ramesh

(PW-6) who is an eye witness, in paragraph No. 2 of examination in chief, he clearly stated that only Kanji had assaulted the deceased. In paragraph No.4, he also denied the suggestion of prosecution that, appellant had assaulted the deceased. During trial, the appellant was on bail. He was in custody from 07.12.2019 to 12.02.2020 and he is also in custody from the date of judgment. The final hearing of this appeal is not possible in near future. Therefore, the remaining jail sentence of the appellant may be suspended and appellant may be released on bail.

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 16-01-2023 10:29:05

Learned Govt. Advocate has opposed the prayer of the appellant. We have heard learned counsel for the parties at length and perused the record.

Looking to the facts and circumstances and also considering the material available on record, we inclined to suspend the remaining jail sentence of appellant. Accordingly I.A. No. 15551/2022 is allowed.

It is directed that on deposition of the fine amount, if not deposited, and also on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 02.03.2023 and on all

other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed on the Appellant No.2- Alpa shall remain suspended, till final disposal of this appeal.

List in due course.

C.C as per rules.

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

                            vatan




Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 16-01-2023
10:29:05