Ranjeet Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 17532 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 3002 of 2020
                                             (RANJEET KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                 Shri Ajay Kumar Jain - Advocate for the appellant.

                                 Shri Akhilendra Singh - Government Advocate for the respondent/State.

Shri Vidhya Prasad - Advocate for the objector.

Heard on I.A.No.11786/2023, second application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to

appellant - Ranjeet Kushwaha arising out of judgment dated 06.03.2020

delivered in ST No.31420/2016, by 2nd Additional Sessions Judge, Nagod, District-Satna.

His first application was dismissed on merit on 06.01.2021. T he appellant has been convicted under Section 302/149 of IPC and sentenced t o undergo R.I. for life with fine of Rs.10,000/-, under Section 325/149 of IPC and sentenced t o undergo R.I. for two years with fine of Rs.2,000/-, under Section 323/149 of IPC and sentenced to undergo R.I. for six months with fine of Rs.200/- (3 counts) and under Section 147 of IPC and

sentenced to undergo R.I. for six months with fine of Rs.200/- with default stipulations. (All sentence shall be run concurrently).

By taking this Court to the prosecution story, it is submitted that appellant was allegedly carrying a 'latthi' whereas other co-accused person was also carrying sharp edged weapon namely 'farsa'. It is further submitted that the appellant has completed more than 7 years in custody. Final hearing of this appeal is not possible in near future, thus, the remaining jail sentence of the appellant may be suspended.

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 10/20/2023 4:48:02 PM

The prayer is opposed by learned Government Advocate for the State as well as learned counsel for the objector.

Considering the custody period and 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 appellant.

Accordingly, aforesaid IA is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellant 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 concerning trial court on 04.12.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C c as per rules.

                                 (SUJOY PAUL)                                  (DWARKA DHISH BANSAL)
                                    JUDGE                                             JUDGE

                           vai




Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 10/20/2023
4:48:02 PM