Hariram vs The State Of Madhya Pradesh
2023 Latest Caselaw 16253 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 8147 of 2019
                                          (HARIRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-10-2023
                                 Shri Pradeep Kumar Naveriya - Advocate for the appellant No.1-

                          Hariram.
                                 Shri Jubin Prasad - Panel Lawyer for the respondent-State of M.P.

Heard on I.A No.15218 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 -

Hariram arising out of judgment dated 22.04.2019 delivered in S.C.No.22/2017 by the Additional Sessions Judge (Link Court), Jatara, district Tikamgarh. M.P.

The appellant No.1 has been convicted under Section 302 of IPC to undergo R.I. for Life with fine of Rs.1000/- with default stipulation and under Section 323/34 of IPC to undergo RI for three months.

By taking this court to the prosecution story, Shri Naveriya, learned counsel for the appellant no. 1 urged that incident had taken place suddenly without there being any pre meditation. The appellant no.1 allegedly assaulted

by means of back portion of the axe. Necessary ingredients for attracting Section 302 of IPC are absent. At best, offence under Section 304, Part -II can be made out. The appellant no. 1 remained in actual custody for more than six years. This court was kind enough in granting benefit of suspension of sentence to appellant no.2- Dangal on 12.6.2023. Final hearing of this appeal is not possible in near future. thus, the remaining jail sentence of appellant no. 1 may be suspended.

Learned Panel Lawyer for the State opposed the prayer on the basis of Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 10/5/2023 1:13:43 PM

objection.

We have heard learned counsel for the parties at length. Considering the aforesaid factual backdrop and without expressing any conclusive opinion on the merits of the case, coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the present appellant No.1.

Accordingly, I.A No.15218 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant no.1 is hereby suspended and it is directed that appellant No.1 - Hariram 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, Tikamgarh on 04.12.2023 and also on such other dates as may be fixed by the said Court in this regard during the pendency of this Appeal.

C.c. as per rules.

                                (SUJOY PAUL)                                  (DWARKA DHISH BANSAL)
                                   JUDGE                                             JUDGE

                          bks




Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 10/5/2023
1:13:43 PM