Sumit vs The State Of Madhya Pradesh
2023 Latest Caselaw 14818 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 5648 of 2021
                                          (SUMIT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 08-09-2023
                               Shri Manish Datt - Senior Advocate with Shri Siddharth Bendel -

                         Advocate for the appellant No.1.
                               Shri Dinesh Prasad Patel - Deputy Government Advocate for the
                         respondent/State.

None for the complainant.

Learned Senior counsel for the appellant submits that previously compromise petition was filed but now there is no possibility of compromise between the parties.

Accordingly, I.A.No.19667 of 2022 and I.A.No.19669 of 2022 is disposed off.

Also, heard on I.A No.24354/2022, this is the second application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 - Sumit arising out of judgment dated 04.09.2021 delivered in S.T.No.48/2017 by the Additional Sessions Judge, Waraseoni, District-

Balaghat.

The appellant No.1 has been convicted under Section 294 of the I.P.C. with fine of Rs.500/- and under Section 326 of the I.P.C. and sentenced to undergo R.I. for 5 years with fine of Rs.2,000/- with default stipulation.

His first application was dismissed as withdrawn by order dated 04.08.2022 passed in Cr.A.No.5648 of 2021 (I.A.No.17184 of 2021).

Learned Senior counsel for the appellant No.1 Sumit submits learned trial Court has wrongly convicted and sentenced the appellant under Section 326 of Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/9/2023 10:37:59 AM

the IPC. As per medical report, injury found on the head of complainant appears to have been caused by hard and blunt object and not from sharp edged weapon. As per (PW-1), complainant has been assualted with axe and wooden stick. The appellant is in jail for about 2 years. The final hearing of this appeal will take time, therefore, it has been prayed that the remaining jail sentence of this appellant No.1 may be suspended.

The prayer is opposed by learned Deputy Government Advocate for the State.

Taking into consideration overall evidence on record, especially PW-1 and testimony of PW-5, coupled with the fact that final hearing of this appeal

is not possible in near future, I deem it proper to suspend the remaining jail sentence of the present appellant No.1.

Accordingly, aforesaid I.A. is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant No.1 is hereby suspended and it is directed that the appellant No.1 Sumit 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 concerning the trial court Waraseoni, District- Balaghat on 22.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/9/2023 10:37:59 AM

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Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/9/2023 10:37:59 AM