Narmadaprasad vs The State Of Madhya Pradesh
2023 Latest Caselaw 17272 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 137 of 2023
                                        (NARMADAPRASAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-10-2023
                                  Shri Prakash Patel - Advocate for the appellants.

                                  Shri Santosh Thakur - Government Advocate for the respondents State.

Heard on I.A.No.13014/2023, which is the second application under Section 389 of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of appellant No.3, Shivprasad.

Appellant stand convicted vide judgment dated 23/12/2022 passed in S.T.No.68/2021 by IV Additional Sessions Judge, Shujalpur, District Shajapur (M.P.) under Sections 326/14, 324/149 and 148 of Indian Penal Code, 1860 and sentenced to undergo 05 years RI with fine of Rs.3,000/-, 01 year RI with fine of Rs.1,000/- and 01 year RI with fine of Rs.1,000/- respectively with usual default stipulation.

Learned counsel for the appellant submits that the appellant is innocent person and has been falsely implicated in this matter. During the trial appellant was on bail and he never misused the liberty granted to him. There are material

contradictions and omissions in the statements of the witnesses. Appellant is languishing in jail since the date of judgment i.e. from 23/12/2022. Looking to the ailment of the appellant he should be granted temporary bail so that he can treat his disease at some private Hospital at Shajapur. Final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended, till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 17-10-2023 12:36:17

application for suspension of sentence and prays for its rejection by submitting that medical report has been received from the office of Superintendent of Hamadia Hospital, Bhopal where the appellant is given full treatment for the disease called PAC Fitness, Stapler Haemorrhoids, PPH Stapler and after conducting various tests he has been hospitalized in Hamadia Hospital, Bhopal for surgery of Stapler Haemorrhoids. Therefore,appellant do not deserve for any relief.

Considering all the facts and circumstances of the case and looking to the medical report submitted by the respondent it is clear that the appellant is given full medical treatment in jail and he is hospitalized at Hamadia Hospital, Bhopal

for further surgery, therefore no case is made out for temporary suspension.

In view of the evidence available on record against the appellant, this Court is not inclined to allow the application for suspension of sentence and enlarge the appellant on bail. Accordingly, I.A.No.13014/2023, is dismissed.

Registry is directed to list the appeal for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE

rashmi

Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 17-10-2023 12:36:17