Abhilash Bhat vs The State Of Madhya Pradesh
2024 Latest Caselaw 5941 MP

Madhya Pradesh High Court

Abhilash Bhat 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. 3754 of 2019 (ABHILASH BHAT Vs THE STATE OF MADHYA PRADESH)

Dated : 27-02-2024 Shri V.P. Singh - Advocate for the appellant.

Shri Arvind Singh - Government Advocate for the State.

Heard on I.A. No.4985 of 2024, third application under Section 389(1) o f the Cr.P.C for suspension of sentence and grant of bail to appellant - Abhilash Bhat arising out of judgment dated 15.02.2019 delivered in S.T.

No.718/2017 by Vth Additional Sessions Judge, Jabalpur, Distt. Jabalpur.

The appellant has been convicted under Section 302 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.5000/-, with default stipulation.

Learned counsel for the appellant submits that no previous application was ever decided on merits. The prosecution story shows that on 01.05.2017, in a marriage party, a quarrel had taken place between the appellant and deceased person and out of sudden impulse, appellant caused one knife injury on the chest of deceased who succumbed to said injury. Learned counsel for

the appellant submits that the backdrop in which incident had taken place shows that there was no pre-meditation or motive to murder the deceased person. The necessary ingredients to attract Section 302 IPC are absent. Appellant remained in actual custody for more than six and half years. The final hearing of this appeal is not possible in 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 aforesaid factual backdrop 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.4985 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 the appellant - Abhilash Bhat 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 Jabalpur 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