Madhya Pradesh High Court
Dilip vs The State Of Madhya Pradesh on 29 September, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1803 of 2017
(DILIP Vs THE STATE OF MADHYA PRADESH)
Dated : 29-09-2023
Ms. Indu Rajguru, learned counsel for the appellant.
Mr. Surendra Kumar Gupta, Govt. Advocate for the respondent/State.
Mr. Rajesh Yadav, learned counsel for the respondent/complainant.
Heard on the question of admission.
Appeal is admitted for hearing.
Heard on I.A.No.10297/2023, which is third application under Section
389 of the Cr.P.C. for suspension of custodial sentence on behalf of appellant
Dilip.
Appellant stands convicted vide judgment dated 19.06.2017 passed in
S.T.No.272/2015 by Fifth learned Additional Sessions Judge, Indore, Distt-
Indore (M.P.) under Section 302 of the IPC and has been sentenced to undergo
Life Imprisonment with fine of Rs.2,000/- with usual default stipulation.
As per prosecution story, construction work of the house was going on.
The accused persons namely Dilip, Sushila Bai and Sukhlal Balai were standing
on the roof and when the deceased came there, they started throwing stones on
him. One of the stone hit on the head of the deceased and he fell down. Further
prosecution story says that accused Dilip get down from the roof and thereafter
gave a repeated blow on the head of the deceased. He was taken to the hospital
where he died. The postmortem was carried out in which the head injury was
found, due to which he died. However, one of the accused namely Sukhlal Balai
died during pendency of the appeal. Sushila Bai has been acquitted and this
appellant has been convicted under Section 302 of the IPC. He is in jail since
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 30-09-2023
11:46:08
10.04.2015 and completed 8 years of actual sentence and with remission more
than 10 years.
Learned counsel for the appellant submits that the appellant came up with
the defence that the deceased was in a terrible condition, fell down from the
motorcycle and sustained head injury. The appellant also sustained injury and
as per the arrest memo, the plaster on his leg was there. Kalabai (PW-2) has
turned hostile. The appellant is in jail since 10.04.2015 and completed 8 years
actual sentence and with remission more than 10 years. Looking to old
pendency of the cases for consideration, final conclusion of this appeal would
take sufficient long time. Hence, the execution of the remaining part of the jail
sentence of the appellant be suspended till the final disposal of this appeal.
On the other hand, learned counsel for the respondent/State opposes the
prayer made by the appellant and prays for its rejection.
Looking to the overall facts and circumstances of the case and the fact
that appellant has already suffered almost ten years jail incarceration, the jail
sentence of appellant deserves to be suspended. Accordingly, without
commenting on merit, I.A.No.10297/2023 is allowed and the execution of jail
sentence of the appellant is hereby suspended and it is ordered that the
appellant be released on bail subject to depositing of fine amount, if already not
deposited, and on his furnishing a personal bond in the sum of Rs.50,000/-
(Fifty 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
Registry of this Court on 08/01/2024 and also on such other dates, as may be
fixed by the Registry of this Court in this regard during the pendency of this
appeal.
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 30-09-2023
11:46:08
List the case for final hearing in due course.
Certified copy as per rules.
(VIVEK RUSIA) (ANIL VERMA)
JUDGE JUDGE
VS
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 30-09-2023
11:46:08
