Sitaram vs The State Of Madhya Pradesh
2024 Latest Caselaw 5803 MP

Madhya Pradesh High Court

Sitaram vs The State Of Madhya Pradesh on 26 February, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       CRA No. 952 of 2023
                                                (SITARAM Vs THE STATE OF MADHYA PRADESH)

                          Dated : 26-02-2024
                                Shri Bhashkar Agrawal - Advocate appearing on behalf of Shri

                          Pradeep Kumar Gupta - Advocate for appellant Sitaram S/o Late Shri Gokul
                          Prasad Agrawal.
                                Shri Kushal Goyal - Deputy Advocate General appearing on behalf of
                          Advocate General for respondent - State of Madhya Pradesh.

Heard on IA No.2937 of 2024, which is a repeat (THIRD) application under Section 389 (1) of Code of Criminal Procedure, 1973 for suspension of remaining jail sentence and grant of bail filed on behalf of appellant - Sitaram S/o Gokul Prasad Agrawal, after completion of one year of jail sentence from the date of rejection of earlier first application i.e. 20.03.2023. His second application (I.A. No.12003 of 2023) was dismissed as withdrawn vide order dated 19.09.2023.

Vid e judgment and order dated 16.12.2022 passed by learned 2nd Additional Sessions Judge, Rajgarh (Biaora) (M.P.) in Sessions Trial No.50 of

2016, the present appellant has been convicted for offence under Section 307 of Indian Penal Code, 1908 and sentenced to undergo rigorous imprisonment for five years with fine of Rs.5,000/- along with default stipulation.

As per prosecution story, on 05.11.2015, the present appellant caused grievous injury on neck of Ghisalal Prajapati by sharp edged weapon with intention to commit his murder.

Shri Bhaskar Agrawal, learned counsel for the appellant submits that the

present appellant is in custody since last one year and seven months out of total five years rigorous imprisonment. The appellant has caused only single injury to the injured. The appeal is not likely to be heard finally in near future. At the time of conviction, the present appellant was 64 years aged person. During trial, he was on bail and there is not allegation of misuse of the bail. There is no discussion about any criminal antecedents in the impugned judgment. Hence, learned counsel prays for suspension of sentence.

Learned counsel for the respondent - State opposes the application and prays for its rejection.

Considering the facts and circumstances of the case and arguments

advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserved to be allowed, without commenting anything on merit.

Accordingly, IA No.2937 of 2024 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by appellant

- Sitaram S/o Gokul Prasad Agrawal in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, the execution of custodial part of the jail sentence of the appellant shall remain suspended, till the final disposal of this appeal. The present appellant after being enlarged on bail, shall mark his / her presence before the Registry of this Court on 29.04.2024 and on all such subsequent dates as may be fixed by the Registry of this Court in this regard.

(VIVEK RUSIA) JUDGE

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