Raghunath Prasad Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 7556 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 4758 of 2020
                                       (RAGHUNATH PRASAD SAKET Vs THE STATE OF MADHYA PRADESH)

                         Dated : 09-05-2023
                               Shri Sanjeev Kumar Singh - Advocate for the appellant.

                               Shri Ajay Shukla - Government Advocate for the respondent/State.

Heard on I.A.No.18956/2021, First application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant- Raghunath Prasad Saket arising out of judgment dated 02.03.2020 delivered

in S.T. No. 130/2017 by IIIrd Additional Sessions Judge, Singrauli, Waidhan (M.P.).

T h e appellant has been convicted und er Section 302 of IPC and sentenced to undergo Life imprisonment with fine of Rs.2,000/- and under Section 201 of IPC and sentenced to undergo rigorous imprisonment for five years with fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant submits that as per prosecution story indisputably there is no eye witness to the incident. The case of prosecution is based on circumstantial evidence.

A s per the story, the deceased took shelter in the house of appellant being his relative. At midnight, the appellant found the deceased missing from his bed in his house and upon inquiry found that he is lying with appellant's wife. Out of anger the appellant assaulted him by means of a stone.

Learned counsel for the appellant submits that the incident has suddenly taken place without there being any premeditation/motive and the same has occurred because of sudden provocation based on aforesaid reason.

Thus, necessary ingredients to attract "Murder" or Section 302 of IPC Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 5/9/2023 6:43:16 PM

are missing. At best the offense will fall within the ambit of Section 304 Part-II of IPC.

The appellant is in custody since 09.07.2017. Final hearing of this matter is not possible in near future. Thus, remaining jail sentence may be suspended.

Prayer is opposed by the Government Counsel on the basis of finding given by Court below in para 64.

Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A. No.18956/2021 is allowed.

Subject to depositing the fine amount (if not already deposited), the

remaining jail sentence of appellant- Raghunath Prasad Saket 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, Singrauli Baidhan on 12th of July, 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)                                  (DWARKA DHISH BANSAL)
                                 JUDGE                                             JUDGE

                         SN




Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 5/9/2023
6:43:16 PM