Ram Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16251 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4803 of 2017 (RAM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 04-10-2023 Shri Pradeep Kumar Naveriya - Advocate for the appellants.

Shri Jubin Prasad - Panel Lawyer for the State.

Heard on I.A.No.6679/2023, which is the third application for suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of appellant -4 Purshottam.

Earlier two applications filed on behalf of appellant-4 Purshottam were dismissed for want of prosecution by this Court vide orders dated 12.04.2019 and 22.02.2022 respectively. As such no application has been decided on merits.

The appellant 4 has been convicted by the trial Court under Sections 302/149 and 148 of IPC and sentenced to undergo R.I. for life and R.I. for 1 year with fine of Rs.5,000/- and Rs.1,000/- respectively with default stipulation, vide judgment of conviction and sentence dated 13.10.2017 passed by 6th Additional Sessions Judge, Sagar in Sessions Trial No.199/2015.

Learned counsel for the appellant submits that the appellant No.4 has falsely been implicated in commission of alleged offence. This appellant has not used any dangerous weapon in the alleged incident. He further submitted that appellant was armed with lathi at the time of incident and the deceased Raghvendra had died due to cumulative injuries. The multiple persons caused multiple injuries on the deceased. There was no motive or intention of this appellant to commit murder of the deceased. The appellant has not caused any grievous injuries which may cause death of the deceased. He further submits Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 10/5/2023 7:45:43 PM

that this Court vide order dated 06.08.2018 has granted the benefit of bail to the co-accused/appellant no.3 Lallu, therefore, on the basis of parity also appellant 4 is entitled for suspension of sentence and grant of bail. In addition he submits that during trial the appellant was on bail and he did not misuse the liberty granted to him. The appellant is in custody since the date of judgment i.e. 13/10/2017 i.e. near about 6 years. This Appeal is of the year 2017 and is not likely to come up for hearing in near future. Under these circumstances learned counsel prays for suspension of remaining jail sentence of the appellant.

Per contra, learned Panel Lawyer for the State vehemently opposes the prayer for suspension of remaining jail sentence of the appellant and submits

that looking to the nature of allegations and evidence, the appellant no.4 is not entitled for suspension of remaining jail sentence. Hence, prays for dismissal of the application.

We have heard learned counsel for the parties at length and perused the record.

Considering the above factual matrix of the case, including overall evidence available on record including the period of custody coupled with the fact that the appellant 4 is at present aged about 60 years and hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of appellant 4 Purshottam. Accordingly, I.A.No.6679/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant 4 is hereby suspended and it is directed that appellant 4 Purshotam be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 10/5/2023 7:45:43 PM

surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Sagar on 18/12/2023 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)                               (DWARKA DHISH BANSAL)
                                  JUDGE                                          JUDGE

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Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 10/5/2023
7:45:43 PM