Madhya Pradesh High Court
Suresh Kushwaha vs The State Of Madhya Pradesh on 5 February, 2024
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 471 of 2022
(SURESH KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 05-02-2024
Shri S.N. Pandey - Advocate for the appellant.
Shri Akhiledra Singh - Government Advocate for the respondent-State
of M.P.
Heard on I.A.No. 25543 of 2023 third application under Section 389(1)
of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2 -
Gopal Kushwaha arising out of judgment dated 08.12.2021 delivered in S.T.
No.143/2020 passed by 5th Additional Sessions Judge, Chhatarpur, District
Chhatarpur.
The first and second applications for suspension of sentence were
dismissed as withdrawn vide orders dated 13.06.2022 and 15.11.2022
respectively.
The appellant has been convicted under Section 302/34 of IPC and
sentenced to undergo R.I for Life with fine of Rs. 1000/- and under Section
325/34 of IPC and sentenced to undergo R.I for 03 years with fine of Rs.
2000/-with default stipulations.
Learned counsel for the appellant while pressing the application for
suspension of sentence of the appellant No.2 - Gopal Kushwaha submits that as
per prosecution story, the complainant who is son of the deceased was working
in his agricultural land along with the deceased. The present appellant was
alleged to be getting earth excavated from agricultural land of the complainant,
hence, the complainant and the deceased asked the appellant not to excavate
earth from the agricultural land of the complainant party. There was some
altercation and quarrel in this matter and after some time the co-accused Rajesh
and Suresh reached the spot who are sons of appellant No.2. Rajesh was armed
with 'Farsa'. Rajesh and Suresh assaulted the deceased and the complainant.
Suresh was armed with stick.
The learned counsel for the appellant submits that the appellant No.2 -
Gopal Kushwaha is not stated to have actually assaulted the deceased. The
deceased has expired 13 days after the alleged incident. The alleged incident is
stated to have taken place in heat of passion and at spur of moment when there
was sudden quarrel between the appellant No2 and complainant party in relation
to excavation of earth which as per complainant party was from the agricultural
land of the complainant party. It is also argued that the present case is not a
case of culpable homicide amounting to murder and the appellant is entitle to
get benefit of fourth exception to Section 300 IPC. It is further submitted that
the appellant is in custody since 27.05.2020 till date and thus spent more than 3
years and 9 months of actual jail custody. There is no possibility of early
hearing of this Appeal in near future. Thus, remaining jail sentence may be
suspended.
The prayer is opposed by learned Government Counsel on the basis of
objection.
Considering the aforesaid factual backdrop and bleak chances of final
hearing in near future, without expressing any conclusive opinion on the merits
of the case, we deem it proper to suspend the remaining jail sentence of
appellant.
Accordingly, I.A. No.25543 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellant No.2 is hereby suspended and it is
directed that appellant No.2 - Gopal Kushwaha 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 trial Court,
Chhatarpur on 04.04.2024 and also on such other dates as may be fixed by
the trial Court in this regard during the pendency of this appeal.
Certified copy as per Rules.
(SUJOY PAUL) (VIVEK JAIN)
JUDGE JUDGE
Prar
