Madhya Pradesh High Court
Devendra vs The State Of Madhya Pradesh on 6 July, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3918 of 2017
(DEVENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 06-07-2023
Shri R.S. Patel - Advocate for the appellant no.-1- Devendra Mishra.
Shri Ajay Shukla - Government Advocate for respondent- State of M.P.
Heard o n I.A No.4851of 2023 an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant no.1-
Devendra Mishra arising out of judgment dated 05th August 2017 delivered
in Sessions Trial No. 131 of 2013 by Ist Additional Sessions Judge,
Bagumganj, District Raisen, (M.P).
T he appellant no.1 has been convicted under Section 302 of IPC and
sentenced to undergo R.I. for Life with fine of Rs.5000/- and under Section 449
of IPC to undergo RI for ten years with fine of Rs.5000/- with default
stipulation.
As per prosecution story on 1.2.2013 the appellant assaulted the
deceased person by means of a cricket bat. The injured Pradeep Bhargav was
admitted in the hospital and died on 9.2.2013.
Learned counsel for appellant no. 2 by taking this court to Para-88 of the
judgment submits that the appellant no. 2 is in custody from 1.2.2013 and
completed more than ten years actual jail sentence. Final hearing of this appeal
is not possible in near future. The factual backdrop shows that the appellant had
no intention to murder the deceased. Necessary ingredients to attract Section
302 of IPC are missing. Considering the aforesaid, remaining jail sentence of
appellant no. 2 may be suspended.
T h e prayer is opposed on the strength of objection by learned
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 7/7/2023
12:21:45 PM
Government Advocate.
Considering the period of custody coupled with the fact that final hearing
of this appeal of 2017 is not possible in near future, without expressing any
conclusive opinion on the merits of the case, we deem it proper to suspend the
remaining jail sentence of the appellant no.2.
Accordingly, I.A No.4851of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant no.1- Devendra Mis hra is hereby
suspended and it is directed that the appellant no.1 be released on bail on his
furnishing a personal bond for a sum of Rs. 30,000/- (Rupees thirty
thousand only) 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
Bagumganj, District Raisen on 25th September 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) (ACHAL KUMAR PALIWAL)
JUDGE JUDGE
bks
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 7/7/2023
12:21:45 PM
