Sanju Urf Sanjay Kumar vs The State Of Madhya Pradesh
2024 Latest Caselaw 4397 MP

Madhya Pradesh High Court

Sanju Urf Sanjay Kumar vs The State Of Madhya Pradesh on 15 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 2413 of 2015
                                     (RAMSWAROOP TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                                         CRA/02204/2015
                          Dated : 15-02-2024
                                 Shri Suyesh Tripathi - Advocate for the appellant no.1-Ramswaroop
                          in Cr.A. No.2413 of 2015.
                                 Shri Kashi Ram Patel - Advocate for the appellant no.1- Sanju @
                          Sanjay Kumar in Cr.A. No.2204 of 2015.
                                 Shri Ajay Shukla - Government Advocate for the respondent-State of

M.P.

Heard on I.A. No. 2628 of 2021 and I.A. No.4611 of 2023 applications under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant no.1-Ramswaroop in Cr.A. No.2413 of 2015 and appellant no.1- Sanju @ Sanjay Kumar in Cr.A. No.2204 of 2015 arising out of judgment dated 5th August 2015 delivered in S.T. No.43 of 2014 by Sessions Judge, Panna, M.P. The appellant no.1-Ramswaroop has been convicted and sentenced for

the offence punishable under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.10,000/- with default stipulation.

The appellant no.1- Sanju @ Sanjay Kumar has been convicted and sentenced for the offence punishable under Section 302/34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.10,000/- with default stipulation.

Learned counsel for both the appellants jointly urged that although their previous applications for suspension of remaining jail sentence were dismissed

on merits but by now both of them have remained in actual custody for more than eight years. Final hearing of aforesaid appeals is not possible in near future. The remaining jail sentence of both the appellants may be suspended.

The factual background of the matter shows that a sudden quarrel had taken place on 25.4.2014 because certain animals had entered in the agricultural field of deceased - Rambharose. This sudden quarrel took an ugly shape on which the appellants allegedly caused injuries to Rambharose who succumbed to the injuries. Thus, it is not a case of pre- meditation and, therefore will not come under the purview of 'murder'.

Learned Government Counsel for the State opposed the prayer for

suspension of remaining jail sentence and grant of bail on the basis of objection.

Considering the background of the incident, period of custody 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 both the appellants.

Accordingly, I.A. No. 2628 of 2021 and I.A. No.4611 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of aforesaid appellants is hereby suspended and it is directed that appellant no.1-Ramswaroop in Cr.A. No.2413 of 2015 and appellant no.1- Sanju @ Sanjay Kumar in Cr.A. No.2204 of 2015 be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) each 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, Panna on 22nd of April 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

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