Sitaram vs The State Of Madhya Pradesh
2024 Latest Caselaw 3465 MP

Madhya Pradesh High Court

Sitaram vs The State Of Madhya Pradesh on 6 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       CRA No. 2712 of 2022
                                           (SITARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-02-2024
                                Shri Ashish Kumar Kurmi - Advocate for the appellant.

                                Shri A.N. Gupta - Government Advocate for the respondent-State of

M.P.

Heard on I.A.No. 20316 of 2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.3 -

Pappu @ Dharamdas arising out of judgment dated 28.02.2022 delivered in Session Trial No.29/2018 passed by First Additional Sessions Judge, Rehali District Sagar.

The appellant has been convicted under Section 302/34 of IPC and sentenced to undergo R.I for Life with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant while pressing the application for suspension of sentence of the appellant No.3 - Pappu @ Dharamdas submits that as per prosecution case, the deceased and his wife had come to attend the marriage of sister of present appellant on the invitation given by co-accused Sita

Ram who is father of appellant No.3. It is further alleged that co-accused Raju (brother of appellant No.3) took the deceased in the agricultural land by the side of his house and other accused persons including the present appellant - appellant No.3 followed them. After sometime, the wife of deceased heard his cries and when she reached the spot, she saw the accused persons abusing and assaulting the deceased.

Learned counsel for the appellant submits that looking to deposition of PW-1/Saroj Rani who is wife of deceased, it appears that she is the only actual

eye-witness. It is further submitted that on scrutiny of her deposition it appears that the present appellant has not actually assaulted the deceased. It is further submitted that the present appellant No.3 has already undergone 5 years and 9 months of actual jail sentence. There is no possibility of early hearing of this Appeal in near future. Thus, remaining jail sentence of the present appellant 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.20316 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant No.3 is hereby suspended and it is directed that appellant No.3 - Pappu @ Dharamdas 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, Rehali District Sagar 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