Madhya Pradesh High Court
Surajbali vs The State Of Madhya Pradesh on 19 October, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3287 of 2015
(SURAJBALI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 19-10-2023
Shri Mukesh Parashar, Advocate for appellant.
Shri Ajay Shukla, Govt. Advocate for the respondent-State.
Heard on I.A No.6675/2023, an application under Section 389(1) of the
Cr.P.C for suspension of sentence and grant of bail to appellants-Surajbali
and Jagbali arising out of judgment dated 08.10.2015 delivered in S.T.
No.125/14 passed by Additional Sessions Judge, Devsar, Distt. Singrouli.
T he appellants have been convicted for the offence punishable under
Sections 147, 148 and 302/149 of IPC and sentenced to undergo R.I. for 6-6
months, R.I. for 1-1 years and life imprisonment for both appellants with default
stipulations in each.
Learned counsel for the appellants by taking this Court to the prosecution
story urged that an ordinary dispute relating to payment of money took an ugly
shape and because of that, appellants allegedly assaulted the deceased by
means of lathis. They did not use any deadly weapon. As per medical evidence,
no injury on the head of the deceased was found. No blood stains on the lathis
allegedly recovered from the appellants were found. The seizure witnesses
turned hostile. In the backdrop incident had taken place, necessary ingredients
for attracting Section 302 of IPC are missing. The appellants are in actual
custody for more than 8 years 10 months. The final hearing of this appeal is not
possible in near future. Thus, remaining jail sentence of the appellants may be
suspended.
Learned Government Advocate opposed the prayer for grant of bail and
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 10/20/2023
12:20:32 PM
suspension of sentence but did not dispute about the custody period of the
appellants.
Considering the aforesaid factual backdrop and period of custody
coupled with the fact that final 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 the appellants.
Accordingly, I.A No.6675/2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellants is hereby suspended and it is directed that
appellants-Surajbali and Jagbali be released on bail on their furnishing a
personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only)
each with one solvent surety each of the like amount to the satisfaction of the
trial Court with a further direction to appear before the trial Court, Devsar,
District-Singrouli 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
Pallavi
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 10/20/2023
12:20:32 PM
