Madhya Pradesh High Court
Rajesh vs The State Of Madhya Pradesh on 15 March, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 879 of 2018
(RAJESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 15-03-2023
Shri Pradeep Kumar Naveria - Advocate for the appellant No.3 -
Mohan Singh.
Shri Yogesh Dhande - Government Advocate for the respondent/State.
Heard on I.A No.2624 of 2023, an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant No.3 -
Mohan Singh arising out of judgment dated 05.01.2018 delivered in S.T. No.
337/2012, by Ist Upper Sessions Judge, Begumganj, District - Raisen (M.P.).
The appellant has been convicted under Section 302 read with Section
149 of I.P.C. and sentenced to undergo imprisonment for Life with fine of
Rs.10,000/-, under Section 148 of I.P.C. and sentenced to undergo for R.I. for
three years with fine of Rs.1,000/- with default stipulation and also convicted
under Section 147 of I.P.C.
Learned counsel for the appellant No.3 submits that as per prosecution
story, multiple injuries were found on the person of deceased. Appellant No.3
allegedly used a 'lathi', no 'lathi' injury was found on the vital part of the body
of deceased. Appellant No.3 is in custody w.e.f. 10.07.2012. This Court was
kind enough in granting benefit of suspension of sentence to appellant No.4 -
Ganpat Singh on 17.10.2022 and to appellant Nos. 1 and 2 Rajesh and Kamlesh
Lodhi on 25.01.2023. The said co-appellants also used 'lathi'. Considering the
aforesaid and period of custody coupled with the fact that final hearing of this
appeal is not possible in near future. Thus, the remaining jail sentence of
appellant No.3 may be suspended.
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 3/16/2023
11:13:17 AM
Shri Yogesh Dhande, learned Government counsel opposed the prayer
for grant of bail on the basis of previous objection but did not dispute that
appellant No.3 is in custody for more than ten years and he caused injury by
means of a 'lathi'.
Considering the aforesaid factual backdrop, without expressing any
conclusive opinion on merits, we deem it proper to suspend the remaining jail
sentence of the appellant No.3. Accordingly, I.A No.2624/2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant No.3 Mohan Singh is hereby suspended
and it is directed that the appellant No.3 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, Begumganj, District
- Raisen on 24th April, 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) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
HK
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 3/16/2023
11:13:17 AM
