Parsuram vs The State Of Madhya Pradesh
2024 Latest Caselaw 6088 MP

Madhya Pradesh High Court

Parsuram vs The State Of Madhya Pradesh on 28 February, 2024

Author: Rohit Arya

Bench: Rohit Arya

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                      CRA No. 4742 of 2018
                                          (PARSURAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-02-2024
                                 Shri Sushil Goswami - Advocate for the appellants.

                                 Shri Pawan Singh Raghuvanshi - Public                Prosecutor for the
                           respondent/State.

Heard on IA No.2867 of 2024, which is the second repeat application under Section 389 of CrPC filed on behalf of appellant No.3- Lokendra seeking suspension of sentence and grant of bail.

Present appellant alongwith other accused persons stood convicted under Section 302/149 of IPC and sentenced to suffer life imprisonment with fine of Rs.10000/-, under Section 148 of IPC and sentenced to two years' rigorous imprisonment with fine of Rs.1000/- and under Section 323/149 of IPC and sentenced to six months' rigorous imprisonment with fine of Rs.1,000/- with default stipulation vide judgment of conviction and order of sentence dated 28.4.2018 passed by Additional Sessions Judge, Seondha, District Datia in Sessions Trial No. 121/2012.

Present appellant has already undergone jail sentence of about six and

half years.

Learned counsel for the appellants while taking exception to the impugned judgment of conviction and order of sentence submits that the trial Court has not appreciated the evidence placed on record in correct perspective. The present appellant has been falsely implicated in the instant case. Only omnibus allegations have been levelled against the appellant and other co- accused persons. Appellant has already suffered incarceration for more than six

and half years. That apart, appeal is of the year 2018 and there is no likelihood of early hearing of the appeal in near future. On these grounds, learned counsel submits that present appellant may be extended the benefit of suspension of sentence and grant of bail.

Per contra, Shri Pawan Singh Raghuvanshi, Public Prosecutor for the State opposes the application and prays for its rejection supporting the impugned judgment with submission that looking to the gravity and nature of offence, no exception can be taken to the impugned judgment in the matter of grant of benefit of suspension of sentence to present appellant.

Upon hearing learned counsel for the parties, though this Court refrains

from commenting on rival contentions touching merits of the case, but in the obtaining facts and circumstances, we are of the view that appellant deserves to be and is accordingly extended the benefit of suspension of sentence.

Accordingly, it is directed that the jail sentence of appellant No.3 - Lokendra shall remain suspended and he shall be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh only) with one solvent surety in the like amount to the satisfaction of the trial Court.

Appellant No.3 - Lokendra is directed to appear before the Registry of this Court first on 29.05.2024 and on other subsequent dates as may be fixed by Office in this behalf.

Accordingly, IA No. 2867 of 2024 stands allowed and disposed of. Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

                              (ROHIT ARYA)       (MILIND RAMESH PHADKE)
                                 JUDGE                    JUDGE
                           Pawar