Yashwant vs The State Of Madhya Pradesh
2023 Latest Caselaw 17142 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 2876 of 2017
                                          (YASHWANT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-10-2023
                                 Shri M.K. Mishra - Advocate for the appellant No.2 - Hallebhai.

                                 Shri Ajay Shukla - Government Advocate for the respondent/State.

At the outset, learned Government Advocate for the State prays for and is granted permission to adopt the previous objection filed for co-accused.

Heard on I.A.No.18263 of 2023, first application under Section 389(1)

of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2 - Hallebhai arising out of judgment dated 04.07.2017 delivered in Sessions Trial No.1300100/2014 by Third Additional Sessions Judge Damoh M.P.

The appellant No.2 has been convicted under Sections 302/34, 307/34 and 323/34 (5 counts) of IPC and sentenced to undergo life imprisonment with fine of Rs.1000/- ; RI for 10 years with fine Rs.1000/- and R.I. for 6 months with fine Rs.500/- (each count) respectively, with default stipulations.

Learned counsel for the appellant No.2 by taking this Court to the prosecution story submits that the statement of injured witness (PW/1) makes it

clear that appellant No.2 has not assaulted the deceased by means of any weapon. The injury was caused by main accused Halke Bhai by means of a lathi. As per the statement of PW/1, appellant No.4 - Premlal also caused an injury on the shoulder of the deceased and this Court on 04.07.2023 has already granted him benefit of suspension of sentence. This appellant remained in actual custody for more than seven years. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant No.2 may be suspended.

Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 10/13/2023 5:10:20 PM

Shri Ajay Shukla, learned Government Advocate opposed the prayer on the basis of previous objection.

Considering the aforesaid factual backdrop and without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant No.2. Accordingly, I.A No.18263 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.2 - Hallebhai is hereby suspended and it is directed that the appellant No.3 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, Damoh (M.P.) on 4th of December, 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

                           rj




Signature Not Verified
Signed by: RAJESH KUMAR
JYOTISHI
Signing time: 10/13/2023
5:10:20 PM