Dadu Alias Ramavtar vs The State Of Madhya Pradesh
2023 Latest Caselaw 11314 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4605 of 2022 (DADU ALIAS RAMAVTAR Vs THE STATE OF MADHYA PRADESH)

Dated : 20-07-2023 Shri Narendra Nikhare-Advocte for the appellant.

Shri A.N. Gupta-Government Advocate for the State.

Heard on I.A. No. 9503/2022, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant Dadu alias Ram Avatar arising out of judgment dated 28.03.2022 delivered in

S.S.T. No.231/2019 by Special Judge SC/ST ( Prevention of Atrocities Act, 1989), Chhatgarpur, Distt. Chhatarpur.

T h e appellant has been convicted under Section 302 of IPC and sentenced to undergo R.I. for life with fine of Rs.3000/- with default stipulations.

Learned counsel for the appellant submits that appellant is innocent and has falsely been implicated in the matter. It is submitted that the prosecution has failed to prove the case against appellant beyond the reasonable doubt. It is further submitted that incident had taken place all of a sudden and there was no

premeditation. Appellant was not carrying any weapon, instead he assaulted the deceased by picking lathi, which was lying there. He also submits that in the instant case, no offence under Section 302 of IPC is made out. At the most, offnce under section 304 Part-II of IPC is made out. Appellant is in jail since 17.08.2019. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 7/22/2023 11:10:38 AM

The prayer is opposed by learned Government Advocate. Taking into consideration above facts along with custody period of the appellant and fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 9503/2022 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant -Dadu alias Ram Avatar is hereby suspended and it is directed that the 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 concerning trial court Chhatarpur, District-Chhatarpur on 11.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

                             (SUJOY PAUL)                                   (ACHAL KUMAR PALIWAL)
                                JUDGE                                               JUDGE

                          kundan




Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 7/22/2023
11:10:38 AM