Madhya Pradesh High Court

Madan Parte vs The State Of Madhya Pradesh on 7 May, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 565 of 2023 (MADAN PARTE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 07-05-2024 Mr. Vishal Vincent Rajendra Daniel, learned counsel for appellant.

Miss Nalini Gurung- P.L. appearing on behalf of Advocate General. Heard on IA No.9524/2024, repeat application for suspension of sentence and grant of bail to appellants Sant Kumar Parte and Mithun @ Ranjeet Parte.

Perusal of the impugned judgment reveals that aforesaid appellants have

been convicted under Section 304 (Part II) read with section 34 of IPC and have been sentenced to undergo R for five years and with fine of Rs.1000/- each and also been convicted under Section 323 of IPC with default stipulation.

Learned counsel for the appellant after referring to Ex.P/26 (Marg Intimation) as well as deposition of Dr. Abhisekh Raikwar submits that no external injuries have been found on the deceased. It is not a case of culpable homicide. Appellant has remained in custody for about 2 months and 17 days and since the date of judgment of the trial Court i.e. i.e. 14.12.2022. Therefore, it has been prayed that the jail sentence of the appellants be suspended and he

be released on bail.

Learned PL for the State has opposed the application. However, keeping in view the facts and circumstances of the case, especially, medical evidence, I deem it appropriate to release the appellants on bail.

Accordingly, aforesaid IA is allowed.

Subject to depositing the fine amount, if not already deposited, the

remaining jail sentence of the appellants is hereby suspended and it is directed that the appellants Sant Kumar Parte and Mithun @ Ranjeet Parte 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 each to the satisfaction of the trial court with a further direction to appear before the concerning trial court, on 04/09/2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C.c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

Hashmi