Madhya Pradesh High Court
Sanju Urf Sanjay Kumar vs The State Of Madhya Pradesh on 27 February, 2024
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2204 of 2015
(SANJU URF SANJAY KUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 27-02-2024
Shri Kashi Ram Patel - Advocate for the appellants.
Shri Arvind Singh - Government Advocate for the respondent/State.
Heard on I.A. No.4724 of 2024, an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant no.2 -
Vijay arising out of judgment dated 5/8/2015 delivered in ST No. 43/2014 by
Sessions Judge, Panna.
The appellant no.2 has been convicted for the offence punishable under
Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of
Rs.10,000/- with default stipulations.
Learned counsel for the present appellant submits that he is in custody
since 30/4/2014. This Court is kind enough in suspending the jail sentence of
appellant no.1 in Cr.A.No.2413/2015, appellant no.1 of Cr.A.No.2204/2015.
The nature and cause of incident is same. Thus remaining jail sentence may be
suspended.
The prayed is opposed by the Government Advocate by submitting that
appellant used a different weapon to assault the deceased person. He did not
dispute the period of custody.
This Court while suspending the jail sentence of aforesaid appellants
Ramswaroop and Sanju @ Sanjay Kumar recorded as under:-
" 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."
In view of aforesaid, period of custody and bleak chances of final
hearing, we deem it proper to suspend the remaining jail sentence of present
appellant.
Accordingly, I.A. No.4724 of 2024 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellant is hereby suspended and it is directed
that appellant no.2 - Vijay 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 Panna on 22.04.2024 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
m/-
