Ajju @ Ajay vs State Of M.P.
2023 Latest Caselaw 5244 MP

                                                                 1.


                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                     CRA No. 4921 of 2020
                                           (NAVEEN PATIDAR Vs THE STATE OF MADHYA PRADESH)

                                                     CRA No. 6117 of 2020
                                             ([email protected] AJAY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 29-03-2023
                                 Shri Aditya Verma, learned counsel for the appellant in Cr.A.
                           No.4921/2020.
                                 Shri Shubam Patidar, learned counsel for the appellant in Cr.A.
                           No.6117/2020.
                                 Shri      Bhaskar   Agrawal,    learned   Govt.   Advocate   for   the
                           respondent/State in both appeals.

Shri Virendra Kumar S. Parihar, learned counsel for the Objector in both appeals.

Heard on I.A. No.12446/2022, which is first application for suspension of sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of appellant-Naveen Patidar in Cr.A. No.4921/2020.

Also, heard on I.A. No.761/2021, which is first application for suspension of sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of [email protected] in Cr.A. No.6117/2020.

The trial Court has convicted each of the appellants under section 304(Part-1) of the I.P.C. and sentenced to undergo 10 years R.I. with fine of Rs.5,000/- and under section 25(1-B)(B)r/w 4 of Arms Act and sentenced to undergo 1 year R.I. with fine of Rs.1,000/- respectively with default stipulation vide judgment of conviction and

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 01-04-2023 15:25:40

order of sentence dated 31.12.2019 passed by Sessions Judge, Ujjain in S.T. No.425/2017.

As per prosecution case, on 28.02.2017 at about 9:30 p.m. Rishi P.W.-1 and his uncle Vijay were walking, at that time deceased- Mukesh was coming from his shop by motorcycle. The present appellants Navin Patidar, [email protected] Ajay, Dinesh [email protected] and Ravi Patidar came there by two motorcycle and stopped the deceased. The co-accused persons Dinesh Yadav and Ravi Patidar caught hold the deceased and present appellants Navin Patidar and [email protected] Ajay had physically assaulted the deceased on his left leg and thigh by means of knives. The deceased was taken to hospital for treatment. He was referred to Rajshree Apollo Hospital Indore where the doctor examined the deceased and declared him dead.

Learned counsel for the appellants submit that co-accused Dinesh Yadav is absconding till date and co-accused Ravi Patidar is acquitted by the trial Court. The present appellants have not committed any offence and they have falsely been implicated in the case. The appellants were in custody since 03.03.2017. They have completed 50% of the jail sentence and final hearing of the appeal is not possible in near future. Hence, remaining jail sentence of the appellants may be suspended and they be released on bail.

Per Contra, learned Govt. Advocate for the respondent/State has opposed the prayer of the appellants and prayed for its rejection.

Learned counsel for the Objector has also opposed the prayer of the appellants and prays for its rejection.

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 01-04-2023 15:25:40

We have heard learned counsel for both the parties and perused the record.

Looking to the facts and circumstances of the case and also considering the evidence available on record against the appellants, coupled with the fact that the final hearing of this appeal is not possible in near future, therefore, without expressing any opinion on merits of the case, the applications i.e. I.A. No.12446/2022 & I.A. No.761/2021 are allowed and jail sentence of the appellants shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellants- Naveen Patidar and [email protected] shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with separate sureties in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 13.06.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A. No.14223/2022 and I.A. No.762/2021 for urgent hearing stand closed.

Certified copy as per rules.

                                    (S. A. DHARMADHIKARI)             (PRAKASH CHANDRA GUPTA)
                                            JUDGE                                JUDGE
                           Ajit/-



Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 01-04-2023
15:25:40