Kashiram Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 9814 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 1115 of 2015
                                    (KASHIRAM KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 28-06-2023
                                Shri R.S. Patel - Advocate for the appellants.

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

Heard on I.A No.9154/2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Nos.1 and 3, namely, Kashiram Kushwaha and Smt. Mayadevi respectively arising out

of judgment dated 25.03.2015 delivered in S.T. No.190/2011 by Additional Sessions Judge, Niwari District Tikamgarh.

The appellant Nos.1 and 3 have been convicted under Section 302/34 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs.2,000/- each and appellant No.3 has also been convicted under Section 201 of I.P.C. and sentenced to undergo rigorous imprisonment for seven years with fine of Rs.1,000/-, with default stipulations.

Learned counsel for the appellants submits that appellant No.1 is elder brother of the deceased Bhanu Pratap Singh whereas appellant No.3 is mother

of the deceased. As per the prosecution story, on 02.07.2011, the accused persons assaulted the deceased because of which he succumbed to the injuries. Learned counsel for the appellants further submits that at present appellant No.3 is aged about 67 years. She is in custody since 10.07.2011 whereas appellant No.1 remained in custody from 10.07.2011 to 18.02.2013 and then from the date of judgment, i.e., 25.03.2015 he is in custody. This Court was kind enough in suspending the remaining jail sentence of appellant No.2 on 11.04.2023. Thus, on principle of parity and considering the custody period, the appellant Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 6/28/2023 4:44:52 PM

Nos.1 and 3 may be given benefit of suspension of sentence. Moreso, when final hearing of this appeal of 2015 is not possible in near future.

The prayer is opposed by learned Government Advocate. Considering the period of custody coupled with the age of the appellant No.3 and the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant Nos.1 and 3, namely, Kashiram Kushwaha and Smt. Mayadevi respectively. Accordingly, I.A No.9154/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Nos.1 and 3 is hereby suspended and it is

directed that appellant Nos.1 and 3, namely, Kashiram Kushwaha and Smt. Mayadevi 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 each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Niwari District Tikamgarh on 3rd July, 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

                          rj




Signature Not Verified
Signed by: RAJESH KUMAR
JYOTISHI
Signing time: 6/28/2023
4:44:52 PM