Madhya Pradesh High Court
Ravindra @ Guddu vs The State Of Madhya Pradesh on 21 November, 2023
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4433 of 2021
(RAVINDRA @ GUDDU Vs THE STATE OF MADHYA PRADESH)
Dated : 21-11-2023
Mr. Durgesh Kumar Singrore - Advocate for the appellant.
Mr. Akhilendra Singh - Government Advocate for the respondent/State.
Heard on admission.
This appeal is admitted for hearing.
Also heard on I.A. No.9946/2023, which is second application under
Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and
grant of bail to appellant arising out of judgment dated 25.06.2021 delivered in
ST No.73/2020 by the 3rd Additional Sessions Judge, Mandla.
His first bail application was dismissed as withdrawn vide order dated
21.09.2022.
The appellant has been convicted under Section 302 of IPC and sentence
to undergo RI for life with fine of Rs.2,000/- with default stipulations.
Drawing attention of this Court towards the statement of Dr. Gaurav
Jetlee (PW-11), learned counsel for the appellant submits that injury No. 4 to 7
are old fractures as admitted by the witness in paragraph No. 2. All other
injuries have been found to be of simple in nature. This witness in paragraph
No. 4 of his statement has also stated that cause of death was septicemia and
not the injuries caused by appelant. Deceased Janki Bai died near about 11 days
on 03.07.2020 after the date of incident i.e. 22.06.2020. It is further submitted
that the appellant has no intention to cause death. Necessary ingredients for
attracting Section 302 of IPC are missing. The appellant has no criminal
antecedent. The appellant is in custody since 06.07.2020. The final hearing of
this appeal is not possible in near future. Thus, remaining jail sentence of
appellant may be suspended and he be released on bail.
P er contra, learned Government Advocate for the State opposes the
prayer and prays for rejecting the application for bail.
Taking into consideration the over all evidence on record and looking the
period of custody of the appellant, coupled with the fact that hearing of this
appeal is not possible in near future, we deem it proper to suspend the
remaining jail sentence of the appellant. Accordingly, I.A No. 9946/2023 is
allowed.
Subject to depositing the fine amount, if not already deposited, the
remaining jail sentence of the appellant-Ravindra @ Guddu 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.50,000/- (Rupees Fifty thousand
only) with one solvent surety of the like amount to the satisfaction of the trial
Court Mandla with a further direction to appear before the concerning trial
court on 10.01.2024 and also on such other dates, as may be fixed by the trial
court in this regard during the pendency of this appeal.
List the case for final hearing in due course.
C. c. as per rules.
(SUJOY PAUL) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
L.R.signed by LALIT
Digitally
SINGH RANA
Date: 2023.11.22
17:29:20 +05'30'
