Madan Parte vs The State Of Madhya Pradesh
2023 Latest Caselaw 15044 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 565 of 2023
                                        (MADAN PARTE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-09-2023
                                Shri Vishal Daniel- Advocate for the appellants.

                                Smt. Seema Pandey - Panel Lawyer for the respondent/State.

Record of Court below is received.

The appeal is admitted for final hearing. Heard on I.A. No. 563/2023, an application under Section 389(1) of

the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellants arising out of judgment dated 14.12.2022 delivered in ST No. 31/2021 passed by Learned Session Judge, Seoni, District- Seoni.

Learned counsel for the appellants does not want to press this I.A. in respect of appellant No. 2-Sant Kumar Parte, appellant No. 3- Mithun @ Ranjeet Parte, Accordingly, I.A. No. 563/2023 is dismissed as withdrawn, so far as it relates to appellants Sant Kumar Parte and Mithun @ Ranjeet Parte.

The appellant No. 1- Madan Parte has been convicted under Section

304 Part-II read with Section 34 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellant submits that role assigned to appellant No. 1 is that he assaulted the complainant by kicks and fists. Appellant No. 1 is aged 58 years. He has completed one years of jail sentence. As per medical report no grievous injuries were found on the person of the deceased and all the injuries were simple injuries. There is no criminal antecedent of the appellant. The final hearing of this appeal is not possible in near future. Thus, remaining Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 9/13/2023 10:20:11 AM

jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Panel Lawyer. Taking into consideration the role assigned to the appellant No. 1 Madan Parte, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 563/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant-Madan Parte 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 Katni on 06.11.2023 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 case for final hearing in due course. Certified copy as per rules.

(ACHAL KUMAR PALIWAL) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 9/13/2023 10:20:11 AM