Madhya Pradesh High Court
Prem Kumar vs The State Of Madhya Pradesh on 30 November, 2023
Author: Vivek Rusia
Bench: Anil Verma, Vivek Rusia
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CRA No. 8026/2018
HIGH COURT OF MADHYA PRADESH: BENCH INDORE
BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
RUSIA & HON'BLE SHRI JUSTICE ANIL VERMA
CRA No. 8026 of 2018
(PREM KUMAR & ANOTHER. V/S. STATE OF M.P.)
Date: 30.11.2023 :
Shri Vivek Singh, learned counsel for the appellants.
Shri Amit Rawal, learned Govt. Advocate for respondent/State.
Heard on I.A. No. 17149/2023, which is first application filed
u/s. 389(1) of Cr.P.C. for suspension of jail sentence on behalf of
appellant No.2 - Atul.
Vide judgment dated 27.9.2018 passed by Additional Sessions
Judge, Mahidpur, District Ujjain in S.T. No. 92/2016, appellant No.2
stands convicted under Sections 302 of IPC and u/s. 25(1-b)(b) of the
Arms Act and sentenced to undergo life imprisonment and 3 years
respectively with default stipulation.
As per prosecution story, there was a minor dispute between
Rahul and Prem and thereafter Prem went and brought Atul and
Neeraj with him. When they were fighting the deceased tried to
intervene. Neeraj and Prem caught hold Kishan and appellant No.2
stabbed him twice by means of knife due to which he died. Thereafter,
free fight was started and cross case was also registered against the
complainant party.
Learned counsel for the appellant submits that the present
appellant is in jail since last more than 8 years. He was 19 years of age
at the time of incident. The dispute suddenly occurred, however, there
was no intention to kill the deceased. The dispute was not with the
deceased, he suddenly came in the dispute and out of anger, offence
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has been committed. This appeal is of the year 2018 and there is no
possibility of its final hearing in near future. He, therefore, prays for
suspension of jail sentence and release him on bail.
On the other hand, learned Govt. Advocate opposes the prayer
and prays for rejection of he application.
Considering the aforesaid, without commenting anything on the
merits of he case, the application for suspension of sentence (I.A.
No.17149/2023) is allowed and it stands closed. It is directed that
subject to deposit of the fine amount, if not already deposited, with the
trial Court and on furnishing personal bond in the sum of Rs.40,000/-
(Rupees Forty Thousand Only) with a solvent surety in the like
amount to the satisfaction of learned trial Court for his appearance
before the Registry of this Court, the execution of remaining custodial
part of sentence of the appellant No.2 - Atul shall remain suspended
till final disposal of this appeal. The appellant No.2 after being
enlarged on bail shall mark his presence before the Registry of this
Court on 10.06.2024 and on all such subsequent dates, which are fixed
in this behalf. I.A. No.17150/2023, an application for urgent hearing
also stands disposed off.
List for final hearing in due course.
C.C. as per rules.
[ VIVEK RUSIA ] [ANIL VERMA]
JUDGE. JUDGE.
Alok/-
Date: 2023.11.30 17:26:35 +05'30'
