Madhya Pradesh High Court
Vishal Baghel vs The State Of Madhya Pradesh on 11 May, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2051 of 2023
(VISHAL BAGHEL Vs THE STATE OF MADHYA PRADESH)
Dated : 11-05-2023
Shri Narendra Nikhare - Advocate for appellant namely Vishal Baghel.
Shri A.N.Gupta - Government Advocate for respondent/State.
Heard on I.A No.2984 of 2023 an application under Section 389(1) of the
Cr.P.C for suspension of sentence and grant of bail to appellant arising out of
judgment dated 14.01.2023 delivered in S.T No.91/2019 by Ist Additional
Sessions Judge, Raisen District-Raisen (M.P).
The appellant 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/- w it h default
stipulation.
Learned counsel for the appellant submits that as per prosecution story
on 14.4.1990 at around 11 O'clock a merge intimation was received regarding
death of Chhote @ Om Prakash Malviya reached the Police Station at around
12 o'clock at night and lodged an oral report. The said report was reduced in
writing in the shape of FIR.
Learned counsel for this appellant submits that in the FIR (Ex.P/1) name
o f present appellant does not find place. Subsequently, on the basis of
statement of certain witnesses, name of appellant was added. However, the
statement of prosecution witnesses show that they have not used any deadly
weapons to assault the deceased on any vital part. Indeed, as per statement of
Narendra Yadav (PW-8) other persons were using their body parts to assault
the deceased person. This Court has already granted bail to Faiz @ Guddu
Qureshis on 04.05.2023 in CRA No.1735 of 2023 thus on principles of parity
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 12-May-23
11:47:53 AM
similar benefit may be given to this appellant also.
Shri A.N.Gupta, learned Government Advocate opposed the prayer on
the basis of objection but did not dispute that name of present appellant was
not there in the FIR(Ex.P/1).
Considering the aforesaid factual backdrop and without expressing any
opinion on the merits of the case, we deem it proper to suspend the remaining
jail sentence of the appellant. Accordingly, I.A No.2984 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant-Vishal Baghel 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, District - Raisen on 7th 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) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
sm
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 12-May-23
11:47:53 AM
