Madhya Pradesh High Court
Veeru vs The State Of Madhya Pradesh on 14 September, 2023
Author: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12176 of 2022
(VEERU Vs THE STATE OF MADHYA PRADESH)
Dated : 14-09-2023
Shri D.K. Mishra - Advocate for the appellant.
Ms. Kamlesh Tamarkar - Panel Lawyer for the respondent/State.
Shri H.S. Rajput - Advocate for the complainant.
Verification report with respect to compromise received from the office.
As per report, parties have compromised the matter.
Heard on I.A. No. 17155/2023 an application under Section 320(5) for
permission to compound the offence and I.A. No. 17156/2023 an application
under Section 320(2) of Cr.P.C for compromised on record.
In the instant case, appellant has been convicted under Section 307 of
IPC which is non-compoundable, therefore, parties cannot be granted
permission to compound the matter.
Accordingly, I.A. No. 17155/2023 and I.A. No. 17156/2023 are
dismissed.
Also heard on I.A. No. 14156/2023 second application under Sections
389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail
to appellant arising out of judgment dated 08.12.2022 delivered in ST No.
600206/2016 by Additional Sessions Judge, Banda District Sagar.
T h e appellant has been convicted under Section 307 of IPC and
sentenced to undergo R.I. for 7 years and fine of Rs.10000/- with default
stipulations.
Learned counsel for the appellant submits that parties have compromised
the matter. Appellant is in jail since 08.12.2022. Learned trial Court has wrongly
convicted and sentenced the appellant. Final hearing of this appeal is not
possible in near future, therefore, remaining jail sentence of appellant may be
suspended and he be released on bail.
The prayer is opposed by learned Panel Lawyer.
Learned counsel for the complainant has submitted that complainant has
no objection, if jail sentence of appellant may be suspended and he be release
on bail.
Taking into consideration the over all evidence on record especially
parties have compromised the matter coupled with the fact that hearing of this
appeal is not possible in near future and without expressing any opinion on
merits, I deem it proper to suspend the remaining jail sentence of the appellant.
Accordingly, I.A No. 14156/2023 is allowed.
Subject to depositing the fine amount, if not already deposited, the
remaining jail sentence of the appellant- Veeru 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 Banda District Sagar
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.
List the case for final hearing in due course.
C. c. as per rules.
(ACHAL KUMAR PALIWAL)
JUDGE
DigitallyL.R.
signed by
LALIT SINGH RANA
Date: 2023.09.15
10:59:27 +05'30'
