Mishan Saket vs State Of M.P.
2023 Latest Caselaw 10385 MP

                                                               1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRA No. 6302 of 2022
                                               (MISHAN SAKET AND OTHERS Vs STATE OF M.P.)

                         Dated : 07-07-2023
                               Shri U. S. Jaiswal - Advocate for the appellant No.1 Mishan Saket.

                               Shri Akhilendra Singh - Government Advocate for respondent/ State.

I.A No.2902 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 Mishan Saket arising out of judgment dated 30/06/2022 delivered in S.T No.350/2021 by

Second Additional Sessions Judge, Amarpatan, District Satna is taken up.

This appellant has been convicted under Section 302/34 of the I.P.C. and sentenced to undergo R.I. for life with fine of Rs.5,000/- and Section 323/34 of IPC and sentenced to undergo R.I. for six months with fine of Rs.500/-, with default stipulation.

As per prosecution story, complainant Dinesh Saket lodged a report that on 03/07/2021 in Police Station Mukundpur that on the said date, at around 9:30 P.M. a sudden quarrel had taken place between Meena Saket and Ramrati. The quarrel took an ugly shape. Suddenly son of Meena Saket namely Kishan Saket

came there and assaulted Ramrati by means of a danda. Ramrati fell down and at this stage appellant No.1 Mishan Saket, Meena and Sapna assaulted Ramrati by means of kicks and fists. Learned counsel for the appellant by placing reliance on the nature of injuries submits that the cause of death cannot be because of attack by kicks and fists. The factual backdrop of this matter shows that incident took place suddenly. There was no intention, motive or premeditation. The appellant is in custody since 04/07/2021. Necessary ingredients to attract Section 302 of IPC are not available. The Court below has Signature Not Verified Signed by: MANJU Signing time:

7/7/2023 5:04:06 PM

committed an error in convicting the appellant for the offence under Section 302 of IPC. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of this appellant may be suspended.

Learned Government Advocate supported the impugned judgment and opposed the prayer on the basis of written reply.

We have heard the parties at length and perused the record. Considering the aforesaid factual backdrop and 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.1 Mishan Saket. Accordingly, I.A No.2902 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.1 Mishan Saket is hereby suspended and it is directed that this appellant 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 Amarpatan District Satna on 27/09/2023 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

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
7/7/2023 5:04:06 PM