Madhya Pradesh High Court
Arjun Thakur vs The State Of Madhya Pradesh on 31 July, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1377 of 2023
(ARJUN THAKUR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 31-07-2023
Shri Jayant Neekhra - Advocate for the appellant in I.A.
No.6080/2023.
Shri Ayur Jain-Advocate for the appellant in I.A. No.2642/2023.
Shri Pramod Pandey-Government Advocate for the respondent/State.
Parties are heard on I.As. No. 6080/203 and No.2642/2023 applications
under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence
and grant of bail to appellant No.2-Antram Thakur, appellant No. 4-
Pradeep Thakur, appellant No.5- Raghuveer, appellant No.6- Govind
Adiwasi, appellant No.8-Balwant Adiwasi, appellant No.9-Tularam
Adiwasi and appellant No.10-Pappu Adiwasi, arising out of judgment dated
20.12.2022 delivered in S.T. No.200021/2015 by First Additional Sessions
Judge to the Court of First Additional Sessions Judge, Raisen, District Raisen.
T h e appellants have been convicted under Section 148 of IPC and
sentenced to undergo R.I. for 1 year with fine of Rs. 200/-, Section 323/149 of
IPC and sentenced to undergo R.I. for 6 months, Section 302/149 of IPC and
sentenced to undergo R.I. for life with fine of Rs. 2000/- and Section 307/149
of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.1000/- with
default stipulations.
Learned counsel for the appellants submits that it is a case of free fight.
Injuries on the head of deceased Balmukund have been caused by hard and
blunt object and not by any sharp edged weapon. With respect to present
incident, a cross-case was also registered against Omkar, Jaswant, Gopal,
Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 8/2/2023
11:17:34 AM
Mukesh and Kailash, who are the injured/eye witnesses of instant case, on the
basis of report lodged by Pradeep Thakur and with respect to above report a
cross-case bearing S.T. No.148/2015 was also instituted and in cross-case
above injured/eye witnesses have been convicted for causing grievous injuries
and attempt of murder of Malkhan. It is further submitted that appellants are in
custody for more than 3/4 years. Accused of cross-case are on bail. Early
hearing of this appeal is not possible in near future. Thus, remaining jail
sentence of appellants may be suspended and they be released on bail.
The prayer is opposed by learned Government Advocate.
Taking into consideration above facts, over all evidence on record
coupled with the custody period of the appellants and the fact that early hearing
of this appeal is not possible in near future, without expressing any opinion on
merits, we deem it proper to suspend the remaining jail sentence of the
appellants. Accordingly, I.As. No. 6080/203 and No.2642/2023 are
allowed.
Subject to depositing the fine amount, if not already deposited, the
remaining jail sentence of the appellant No.2-Antram Thakur, appellant No.
4- Pradeep Thakur, appellant No.5- Raghuveer, appellant No.6- Govind
Adiwasi, appellant No.8-Balwant Adiwasi, appellant No.9-Tularam
Adiwasi and appellant No.10 Pappu Adiwasi is hereby suspended and it is
directed that they be released on bail on their furnishing a personal bond for a
sum of Rs.30,000/- (Rupees thirty thousand only) 'each' 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 Raisen district Raisen on
02.11.2023 and also on such other dates, as may be fixed by the trial court in
Signature Not Verified
this regard during the pendency of this appeal.
Signed by: KUNDAN
SHARMA
Signing time: 8/2/2023
11:17:34 AM
C. c. as per rules.
(SUJOY PAUL) (ACHAL KUMAR PALIWAL)
JUDGE JUDGE
kundan
Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 8/2/2023
11:17:34 AM
