Mrigesh Jaiswal vs The State Of Madhya Pradesh
2023 Latest Caselaw 14936 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10402 of 2022 (MRIGESH JAISWAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-09-2023 Shri A.S Baghel, counsel for the appellants.

Ms. Chandranta Paul, Pl for the State.

Heard on I.A No.4798/2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellants arising out of judgment dated 10.9.2022 delivered in SCATR.No.17/2020 Special Judge, Sidhi.

T he appellants have been convicted under Section 304(Part-II) of the IPC and sentenced to undergo RI for 10 years with fine of Rs.5000/- each.

Learned counsel for the appellants submits that PW-7 and PW-15 have deposed contradictorily with respect to time of the incident and the weapons used for commission of crime. Testimony of PW-15 has been contradicted by her son DW-1. As per the doctor Vasu, no external injuries corresponding to spleen was found on the person of deceased. Other witnesses have also not supported the prosecution case. Appellants were on bail during trial and are in jail from 26.3.2020 till today and no offence under Section 304 (Part-II) has

been made and only offence under Section 323 is made out. The final hearing of this appeal will take time, therefore, it has been prayed that the remaining jail sentence of this appellant may be suspended.

The prayer is opposed by learned Pl or the State. Looking to the testimony of PW-7 and PW-15 and 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. Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 9/12/2023 11:02:19 AM

Accordingly, aforesaid I.A. is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellants are hereby suspended and it is directed that the appellants be released on bail on their 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 Chhatarpur 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

sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 9/12/2023 11:02:19 AM