Ambaram vs The State Of Madhya Pradesh
2023 Latest Caselaw 4256 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 599 of 2014 (AMBARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 17-03-2023 Ms. Sharmila Sharma, learned counsel for the appellant No.2.

Ms. Mamta Shandilya appearing on behalf of A.G.

Heard on IA No.2272/2023, application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant Hakam Singh.

This appeal is filed by the appellant being aggrieved by the judgment dated 25.03.2014 passed by learned 2nd Additional Sessions Judge, Ujjain in S.T.No.64/2012 whereby the appellant has been convicted for the offence under Sections 302/34, 323/34 (two counts) of IPC and sentenced to undergo Life imprisonment, six months R.I. with fine of Rs.1,000/- with default stipulations.

As per prosecution story, the appellant assaulted the deceased by means of stick and word. The appellant and the co-accused are father and sons. Dispute arose on an agricultural field.

Learned counsel for the appellant submits that the deceased (Bherulal) was uncle of appellant and co-accused. There are omnibus allegations of causing injuries to the deceased (Bherulal) by means of sword against the present appellant. The doctor (PW-10) in his opinion has stated that out of two seized swords the injuries was caused by one of the sword. Learned counsel for the appellant further submits that appellant no.1 Ambaram and appellant no.2 Padam Singh have already been granted bail to them vide order 31.07.2015 and 27.10.2022 and they have never misused the liberty so granted. it is further Signature Not Verified Signed by: AMIT KUMAR Signing time: 3/20/2023 4:47:08 PM

submitted that the appellant is complete parity with co-accused Padam Singh. This appeal is of 2014 and it is not likely to come for final hearing in near future hence, in these circumstances, learned counsel prays for suspension of jail sentence of appellant.

Learned Government Advocate opposes the application and prays for its rejection.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties, parity with the co-accused and there is no likelihood of early hearing of this appeal in near future, the application (IA No.2272/2023) is allowed.

It is directed that the jail sentence of the appellant shall remain suspended and he be released on bail upon his depositing the fine amount (if not already deposited) and also upon furnishing 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 trial Court for his appearance before the concerned trial Court on 10.07.2023 and on such further dates as may be fixed in this behalf by the concerned trial Court during the pendency of this appeal.

Accordingly, I.A.No.IA No.2272/2023 stand disposed off

(VIVEK RUSIA) (ANIL VERMA) JUDGE JUDGE

amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 3/20/2023 4:47:08 PM