Laxman vs The State Of Madhya Pradesh
2024 Latest Caselaw 5939 MP

Madhya Pradesh High Court

Laxman vs The State Of Madhya Pradesh on 27 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 9975 of 2019 (LAXMAN Vs THE STATE OF MADHYA PRADESH)

Dated : 27-02-2024 Shri Ambuj Jain - Advocate for the appellant.

Shri Arvind Singh - Government Advocate for the State.

Heard on I.A. No.14670 of 2020, first application under Section 389(1) o f the Cr.P.C for suspension of sentence and grant of bail to appellant - Laxman aris ing out of judgment dated 15.10.2019 delivered in S.T.

No.3900440/2017 by III Additional Sessions Judge, Khurai, Distt. Sagar.

The appellant has been convicted under Section 302 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.500/-, with default stipulation.

Learned counsel for the appellant submits that as per prosecution story on 01.11.2017 a sudden quarrel had taken place between appellant and deceased person in which appellant as per MLC report caused two injuries on the deceased person, however, in the postmortem report 5-6 injuries were found. Prosecution could not establish the reason of such variation in number

of injuries. Incident had taken place in a sudden impulse and without there being any per-meditation. The appellant remain in actual custody for about six and half years. Necessary ingredients for attracting 'murder' are absent. Final hearing of this appeal is not possible near future. Thus, the remaining jail sentence of appellant may be suspended.

Learned Government Counsel for the State opposed the prayer on the basis of objection.

Considering the nature of incident, period of custody and without

expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A. No.14670 of 2020 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 the appellant - Laxman 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 Khurai, Distt. Sagar on 29.04.2024 and also on such further 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

                          sarathe