Madhya Pradesh High Court
Anshul Agrawal vs The State Of Madhya Pradesh on 30 November, 2023
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5158 of 2017
(ANSHUL AGRAWAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 30-11-2023
Shri Pradeep Naveriya - Advocate for the appellant no.1 Anshul
Agrawal.
Shri Yogesh Dhande - Government Advocate for the respondent-State.
Heard on I.A. No. 16151 of 2022, which is fourth application under
Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to
appellant No.1 Anshul Agrawal arising out of judgment dated 7/11/2017
delivered in S.T. No.100011/2015 passed by Additional Sessions Judge, Hata,
District Damoh (MP).
The appellant No.1 Anshul has been convicted for the offence punishable
under Section 302/34, 307/34 (two counts), 506 part II of IPC and also Section
25(1-b) of Arms Act and sentenced to undergo life imprisonment with fine of
Rs.5000/-, R.I. for 10 years with fine of Rs.2000/-(for injured Nitin Soni), RI
for 10 years with fine of Rs.2000/- (for injured Jaggi Soni), R.I. for one year
with fine of Rs.500/- and R.I. for one year with fine of Rs.500/- respectively
with default stipulations.
Learned counsel for this appellant submits that earlier on 6/8/2018 and
2/12/2021 applications (IAs No.22521/2017 and 803/2021) for suspension of
sentence and grant of bail to the appellants were dismissed as withdrawn and on
5/7/2019 IA No.8621/2019 was dismissed as not pressed. Drawing attention to
the prosecution story, learned counsel for the appellant no.1 submits that the
incident was not premeditated and had arisen from a sudden quarrel.
Ingredients for attracting the offence punishable under Section 302 of the IPC
are missing. Appellant no.1 Anshul has suffered near about 7 years actual jail
sentence. He has no criminal antecedents. The final hearing of this appeal is not
possible in near future. Thus, remaining jail sentence of appellant no.1 may be
suspended and he be released on bail.
P er contra, learned Government Advocate for the State opposes the
prayer on the ground that knife has been used by appellant no.1 Anshul and
prays for rejecting the application for bail.
We have heard learned counsel for the parties at length and perused the
record.
Considering the aforesaid factual backdrop and without expressing any
conclusive opinion on merits, we deem it proper to suspend the remaining jail
sentence of appellant No.1.
Accordingly, I.A. No.16151/2022 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellant is hereby suspended and it is directed
that appellant No.1 Anshul Agrawal 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, Hata District Damoh
on 08/01/2024 and also on such other dates as may be fixed by the trial Court
in this regard during the pendency of this appeal.
Certified copy as per Rules.
(SUJOY PAUL) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
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