Sitaram vs The State Of Madhya Pradesh
2023 Latest Caselaw 7224 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 2712 of 2022
                                          (SITARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 03-05-2023
                                Shri Ashish Kumar Kurmi - Advocate for appellant.

                                Shri Yogesh Dhande - Government Advocate for respondent/State.

Heard on I.A No. 13637 of 2022, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No. 1- Sitaram arising out of judgment dated 28.02.2022 delivered in S.T No.29/2018

by Ist Additional Sessions Judge Rehali District Sagar.

The appellant No. 1 has been convicted under Section 302/34 of the I.P.C. and sentenced to undergo R.I. for life with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submits that as per prosecution story on 13-05-2018, the marriage of this appellant's daughter was scheduled. As per prosecution story, the deceased Jagdish came there to attend the marriage. During marriage ceremony, the deceased cried for help and after hearing that, the eye-witnesses PW-1 to PW-5 reached at the scene of crime and found that

appellant along with other co-accused persons were assaulting the deceased person. It is submitted that although a lathi was recovered from the appellant, no blood stains were found on the said lathi. The appellant is in custody since 14-05-2018. This appellant has been falsely arraigned. There is no likelihood for a father to assault somebody on the date of marriage of his daughter. The eye- witness account is contradictory in nature. There are only three injuries on the person of the deceased whereas as per prosecution story, all the accused persons caused multiple injuries on the person of the deceased. The appellant is Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 5/4/2023 5:40:21 PM

aged about 58 years and final hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of appellant may be suspended.

Learned Govt. Advocate opposed the prayer on the basis of objection. Considering the age of this appellant and without expressing any opinion on merits, and the fact that the final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of this appellant. Accordingly, I.A No. 13637 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.1 - Sitaram is hereby suspended and it is directed that the appellant 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, Raheli, District Sagar on 21st August, 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)                                (AVANINDRA KUMAR SINGH)
                                 JUDGE                                             JUDGE

                         PG




Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 5/4/2023
5:40:21 PM