Kamlesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 19072 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 3638 of 2019
                                                (KAMLESH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-11-2023
                                   Shri Brijendra Gupta - Advocate for appellant Kamlesh S/o Sirdar.

                                   Shri Santosh Singh Thakur - Advocate for respondent - State of

Madhya Pradesh.

Heard on IA No.15601 of 2023, which is a repeat (THIRD) application under Section 389 (1) of Code of Criminal Procedure, 1973 for suspension of

remaining jail sentence and grant of bail filed on behalf of appellant - Kamalesh S/o Sirdar.

Vide judgment and order dated 27.03.2019 passed by learned Additional Sessions Judge, Jobat, District Alirajpur in Sessions Trial No.52 of 2018, the present appellant has been convicted for offence under Section 302 of Indian Penal Code, 1908 and sentenced to undergo rigorous imprisonment for Life Imprisonment with fine of Rs.1,000/- along with default stipulation.

The prosecution story, in short, was that on 18.01.2018 appellant was digging a pit behind the house of deceased for constructing a lavatory. On

being objected by deceased, an altercation ensued and the appellant dealt blow on the head of the deceased with wooden plank used in a yoke, resulting in his death.

Learned counsel for the appellant submits that the dispute suddenly occurred as the deceased was digging a hole, this appellant brought a wooden log and gave a blow on head. There was no intention to kill. He is not a regular offender. The offence will not travel beyond the offence under Section 304 Part-II of IPC. There is no repeated blow and the injury could have been Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 11/9/2023 8:14:53 PM

caused by falling on the floor also, during scuffle. He is in jail since last more than five years. If the offence is altered from under Section 302 IPC to one under Section 304 of IPC, the appellant has undergone half of the jail sentence. There was no previous enmity with the deceased and not a pre-planned offence. He was twenty years of age at the time of arrest. It is also submitted that the present appeal is not likely to come up for final hearing in near future. Hence, learned counsel prays for suspension of jail sentence and release the appellant on bail.

Learned counsel for the respondent - State opposes the application. Considering the facts and circumstances of the case and arguments

advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserved to be allowed.

Accordingly, IA No.15601 of 2023 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by appellant

- Kamlesh S/o Sirdar in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, the execution of custodial part of the jail sentence of the appellant shall remain suspended, till the final disposal of this appeal. The present appellant after being enlarged on bail, shall mark his presence before the Registry of this Court on 22.12.2023 and on all such subsequent dates as may be fixed by the Registry of this Court in this regard.

Certified copy, as per rules.

                            (VIVEK RUSIA)                                                 (ANIL VERMA)
                                JUDGE                                                        JUDGE
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 11/9/2023
8:14:53 PM

                          rcp




Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 11/9/2023
8:14:53 PM