Dhanraj @ Lolo vs The State Of Madhya Pradesh
2023 Latest Caselaw 14583 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRA No. 175 of 2020
                                      (DHANRAJ @ LOLO AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 05-09-2023
                               Shri Siddharth Datt - Advocate for the appellants.

                               Shri Arvind Singh - G.A. for the respondent-State.

Heard on I.A No.8393/2023, which is first application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1-Dhanraj @ Lolo and I.A No.8390/2023, which is third application

under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2-Dhanshay @ Guddu and appellant No.3 - Banshpati, arising out of judgment dated 20.12.2019 delivered in S.T. No. No.25/2018 by III Addl. Sessions Judge, Singrouli, Head Quarter Waidhan (M.P.).

The appellant No.1 has been convicted under Section 302 of the I.P.C. and sentenced to undergo R.I. for Life with fine of Rs.2000/-, under Section 323 of IPC and sentenced to undergo R.I. for six months and fine of Rs.500/- and under section 386 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.1500/- with default stipulation.

The appellants No.2 and 3 have been convicted under Section 302 of the I.P.C. and sentenced to undergo R.I. for Life with fine of Rs.2000/-, under Section 323/34 of IPC and sentenced to undergo R.I. for six months and fine of Rs.500/- and under section 386 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.1500/- with default stipulation.

Learned counsel for the appellants submits that learned trial court has wrongly convicted and sentenced the appellants whereas there is no evidence to connect the appellants with the alleged offence. Dr. Santosh Singh (PW-12) has Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 9/6/2023 12:30:45 PM

nowhere stated in his testimony that injuries sustained by the deceased are sufficient in the ordinary course of nature to cause death. Learned counsel for the appellant, after relying on Khuman Singh and others vs. State of M.P. (2005) 9 SCC 714, submits that in view of testimony of Dr. Santosh Singh, no case under Section 302 of IPC is made out, at the most case under Section 304 of IPC is made out. Appellant No.1-Dhanraj @ Lolo is in jail since 24.10.2017 and appellant No.2-Dhanshay @ Guddu and appellant No.3 - Banshpati are in jail since 19.10.2017. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the appellants may be suspended and they may be released on bail.

The prayer for suspension of remaining jail sentence and grant is bail is opposed by learned Government Advocate on the basis of objection.

In view of report Ex.P/1, TIP report Ex.P/4 and testimonies of PW-3, PW-4 and PW-12, including the nature of injuries etc. and appellants' examination under Section 313 of Cr.P.C., we deem it not proper to suspend the remaining jail sentence of appellants.

Accordingly, I.A No.8393/2023 and I.A No.8390/2023 are dismissed.

                             (SUJOY PAUL)                                   (ACHAL KUMAR PALIWAL)
                                JUDGE                                                JUDGE

                         irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 9/6/2023
12:30:45 PM