Nepal @ Mahipal @ Ramswaroop vs The State Of Madhya Pradesh
2023 Latest Caselaw 17147 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 4522 of 2021
                             (NEPAL @ MAHIPAL @ RAMSWAROOP AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-10-2023
                                 Shri Shakti Prakash Pandey - Advocate for the appellants.

                                 Shri    Vivek     Lakhera       -   Government   Advocate     for   the
                           respondent/State.

I.A. No.19592/2023, repeat (third) application filed u/S.389(1) of Cr.P.C. for suspension of sentence on behalf of appellant No.5 Baijnath

@ Harpal @ Paltu is taken up and considered alongwith the reply of the State to one of earlier applications for suspension of sentence filed u/S.389(1) of Cr.P.C.

This criminal appeal assails impugned judgment dated 13.04.2017 passed in S.T. No.154/2017 by the II Additional Sessions Judge, District Sagar (M.P.) whereby appellant has been convicted u/Ss.302/109 (four counts), 307/109 (three counts) and 323/109 of IPC and sentenced to undergo Life Imprisonment (four counts), R.I. for ten years with fine of Rs.2,000/- (three counts) and R.I. for one year with fine of Rs.500/-

respectively with default stipulations.

Earlier application for suspension of sentence of appellant No.5 Baijnath @ Harpal @ Paltu was dismissed as withdrawn after arguing for a while on 01.12.2022.

The new ground raised by learned counsel for the appellants is that appellant has suffered about six and half years of incarceration.

It is noticeable from the record that though the present case involves

Signature Not Verified Signed by: MOHD MOHSIN QURESHI Signing time: 10/13/2023 6:30:41 PM

four murders committed by other co-convicted persons, who had looted precious articles from the house of deceased, but appellant No.5 Baijnath @ Harpal @ Paltu was not present at the scene of crime where murder took place. The appellant No.5 Baijnath @ Harpal @ Paltu was implicated later when looted articles were found from his possession based on his discovery statement u/S.27 of Evidence Act. More so, appellant No.5 Baijnath @ Harpal @ Paltu is presently aged about 68 years.

In view of above and looking to the age of appellant No.5 and there is no hope of appeal coming up for hearing in near future, without entering into the merits of the matter, this Court is inclined to grant bail to appellant by way of suspension of sentence. Hence, I.A. No.19592/2023 is

allowed.

It is directed that jail sentence of appellant No.5 - Baijnath @ Harpal @ Paltu will remain under suspension subject to deposit of fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of concerned available Magistrate for his appearance before concerned available Magistrate on 20.12.2023 and on such further dates as may be fixed in this regard.

The appellant shall also mark his appearance before the local Police Station once in every month.

I n case, appellant is found absent on any date fixed by the concerned available Magistrate, then concerned available Magistrate shall be free to issue and execute warrant of arrest for securing his presence

Signature Not Verified Signed by: MOHD MOHSIN QURESHI Signing time: 10/13/2023 6:30:41 PM

without first referring the matter to this Court, provided the Registry of this Court is kept informed.

A copy of this order be sent to the trial Court concerned for compliance.

List for final hearing in due course.

C.C. as per rules.

                              (SHEEL NAGU)                                                 (HIRDESH)
                                 JUDGE                                                       JUDGE

                           mohsin




Signature Not Verified
Signed by: MOHD MOHSIN
QURESHI
Signing time: 10/13/2023
6:30:41 PM