Phoolchand Vishwakarma vs The State Of Madhya Pradesh
2024 Latest Caselaw 6249 MP

Madhya Pradesh High Court

Phoolchand Vishwakarma vs The State Of Madhya Pradesh on 29 February, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

                                                            1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 5242 of 2021
                                      (PHOOLCHAND VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)

                         Dated : 29-02-2024
                               Shri Sampooran Tiwari - Advocate for the appellant.

                               Ms.Nalini Gurung - Panel Lawyer for the respondent/State.

Heard on I.A.No.1211/2024, an application under Section 389(1) of the Cr.P.C. for suspension sentence and grant of bail to appellant.

The appellant has been convicted under Section 498-A of the IPC and

sentenced to undergo R.I. for 3 years with fine of Rs.1,000/- and Section 306 of the IPC and sentenced to undergo R.I. for 10 years with fine of Rs.5,000/-, with default stipulations.

Learned counsel for the appellants after referring to prosecution story as well as impugned judgment and evidence on record, submits that from the evidence on record, necessary ingredients engrafted under Section 306 are not made out. Trial court has wrongly convicted the appellant under Sections 306 as well as 498 of IPC. Appellant is in jail since 17.08.2023. There is no possibility of early hearing of this appeal and this appeal is of the year 2022. On

above grounds, it is prayed that jail sentence of the appellant be suspended and he be released on bail.

Learned Panel Lawyer for the respondent/State has opposed the I.A. on basis of objection.

I have heard learned counsel for the parties and perused the record. In view of above, overall facts of the case, including the nature of evidence, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, aforesaid I.A. is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- (Rupees Fifty Thousand only) with one solvent sureties of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial Court on 25.04.2024 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. C. C. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

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