Ram Bharose Gond vs The State Of Madhya Pradesh
2023 Latest Caselaw 11630 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                              CRA No. 1300 of 2017
                   (RAM BHAROSE GOND Vs THE STATE OF MADHYA PRADESH)

Dated : 25-07-2023
        Shri Narendra Nikhare - Advocate for the appellant.

        Shri Yogesh Dhande - Government Advocate for the respondent/State.

Learned counsel for the appellant seeks to withdraw I.A. No.4968/2021 for suspension of sentence.

Learned Government Advocate for the State has no objection.

I.A. No.4968/2021 is dismissed as withdrawn.

Heard on I.A. No. 14967/2023 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant-Ram Bharose Gond arising out of judgment dated 16.03.2017 delivered in ST No. 100002/2016 by Sessions Judge, Raisen.

T h e appellant has been convicted under Section 302 of IPC and sentenced to undergo R.I. for life with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant submits there are no injuries on vital

part of deceased's body. Therefore, learned counsel for the appellant placing reliance upon the case of Subran @ Subramanian and other Vs. State of Kerala, 1993 Cri. L.J. 1387 submits that the instant case would not come within the ambit of Section 302 of IPC, instead it would come within the ambit of Section 304 Part-1 of IPC. Appellant is in jail since 07.12.2015. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Government Advocate.

It is correct that there are no injuries on any vital part of deceased's body but deposition of prosecution witnesses Dr. Vivek Vyas (PW-7) and Dr. Ankur Chhari (PW-15) and MLC report (Ex. P/12)/Post mortem report (Ex. P/19) reveal that there are several injuries on both the legs of deceased and the same are found to be caused by sharp edged weapon. It is also clear from the medical reports that there were multiple fractures on both the legs. It is also evident from the record that deceased succumbed to above injuries on the date of incident itself.

Therefore, in the facts and circumstances of the case and taking into consideration over all evidence on record, we are of the considered view that

no case for suspension of sentence is made out.

Therefore, I.A.No.14967/2023 an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant-Ram Bharose Gond stands dismissed.

C. c. as per rules.

              (SUJOY PAUL)                                          (ACHAL KUMAR PALIWAL)
                 JUDGE                                                      JUDGE

       L.R.
Digitally signed by LALIT SINGH RANA
Date: 2023.07.26 16:41:12 +05'30'