Ramsharan Kushwaha vs The State Of Madhya Pradesh
2024 Latest Caselaw 6225 MP

Madhya Pradesh High Court

Ramsharan Kushwaha vs The State Of Madhya Pradesh on 29 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 8085 of 2018 (RAMSHARAN KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 29-02-2024 Shri A.K. Jain- Advocate for the appellants.

Shri Arvind Singh - Government Advocate for the State.

Heard on I.A. No.4442 of 2024, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.4 Ramsiya Kushwaha and appellant No.6 Kedarnath Kushwaha arising out of

judgment dated 29.9.2018 delivered in S.T. No.44/2016 passed by Ist Additional Judge, Panna to the Court of First Additional Sessions Judge, Panna.

Appellants have been convicted under Section 302/34 of the IPC and have been sentence to undergo RI for life with fine of Rs.5000/- with default stipulation.

Learned counsel for the appellants submits that appellants have been falsely implicated in the case. Appellants are in jail since 29.02.2016. It is further submitted that co-accused person namely Jeevanlal Kushwaha has

already been granted the benefit of suspension of sentence by this Court vide order dated 18.01.2019 passed in IA No.20169/2018. Final hearing of this appeal is not possible in near future. Therefore, it has been prayed that the jail sentence of the appellants be suspended.

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

Looking to the facts and circumstances of the case, especially the period of custody and without expressing any opinion on the merits of the case, we

deem it proper to suspend the remaining jail sentence of this appellants.

Accordingly, I.A. No.4442 of 2024 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellants is hereby suspended and it is directed that appellants be released on bail on their 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, District Panna o n 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)                                      (ACHAL KUMAR PALIWAL)
                              JUDGE                                                  JUDGE

                         Hashmi