Chandar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 4005 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 5361 of 2021
                  (CHANDAR SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 14-03-2023
      Shri Gagan Sharma, learned counsel for the appellant.

      Shri APS Tomar, learned PL for the respondent/State.

Heard on I.A.No.3229/2023, which is third application filed under section 389(1) Cr.P.C. for suspension of sentence and admission to bail to appellant - Chandar Singh. Earlier applications were dismissed as withdrawn

T he appellant has been tried and convicted for the offence punishable under section 307/34 of the IPC and sentenced to suffer rigorous imprisonment for 10 years and a fine of Rs.500/-, with default stipulation.

According to the case of prosecution the appellant and the other co- accused persons attacked and caused injuries to persons from the complainant side, who have suffered grievous hurts. The appellant remained absconding for six years after the trial court judgment was passed. After his arrest and after having been sent to complete his jail sentence, the appellant has completed approximately two years and two months. Learned counsel for the appellant

submits that a similarly placed co-accused Rusiram, who had assaulted one of the injured person on his chest with a Lathi and fractured six ribs has already been granted the benefit of bail. The appellant herein is stated to have assaulted Naval Singh on the head with a Farshi, however, there is no fracture of the skull bone as reflected in x-ray of Naval Singh. Naval Singh was also assaulted on the chest by co-accused Rusiram on account of which, six of his ribs were broken.

Thus, as the co-accused has already been granted the benefit of bail for an act greater what is attributable to the appellant herein, the application

(I.A.No. 3229/2023) is allowed. Remaining jail sentence of the appellant is suspended and it is directed that the appellant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court.

Certified copy as per rules.

(ATUL SREEDHARAN) JUDGE

JPS/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

PRAKASH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7633f4cfb9e 38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB2193780D835 7,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C01433E BD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2023.03.16 09:52:34 +05'30'