Sanotsh vs The State Of Madhya Pradesh
2023 Latest Caselaw 11621 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                          CRA No. 56 of 2013
                                                  (SANOTSH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-07-2023
                                 Shri H.R. Naidu - Advocate for the appellant.

                                 Shri Arvind Singh - Government Advocate for the respondent/State.

Heard on I.A No.16413/2022 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Santosh arising out of judgment dated 03.12.2012 delivered in Sessions Trial

No.36/2012 by the Sessions Judge, District Dindori.

The appellant has been convicted under Section 302 of the IPC and sentenced to undergo R.I. for life with fine of Rs.500/-, with default stipulation.

Learned counsel for the appellant submits that as per the prosecution story, on 29.01.2012, at around 5:30 pm, appellant reached Rattu Singh Gond's house and there a sudden quarrel had taken place. Appellant assaulted Jham Singh Gond twice by means of a la th i and Jham Singh instantaneously succumbed to the injuries. Learned counsel for the appellant submits that appellant is in custody from 30.01.2012. The incident does not attract Section

302 of IPC. Indeed, at best, offence under Section 304 Part-II of IPC can be made out. 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 for the State opposed the prayer on the basis of objection.

Considering the period of custody and bleak chances of hearing in near future and without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of appellant. Signature Not Verified Signed by: APARNA TIWARI Signing time: 7/26/2023 10:06:36 AM

Accordingly, I.A. No.16413/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant - Santosh is hereby suspended and it is directed that 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, District Dindori on 09 th of October, 2023 and also on such other dates as may be fixed by the said Court in this regard during the pendency of this Appeal.

Certified copy as per rules.

                                (SUJOY PAUL)                                    (ACHAL KUMAR PALIWAL)
                                   JUDGE                                                JUDGE

                           AT




Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 7/26/2023
10:06:36 AM