Madhya Pradesh High Court
Jagram vs The State Of Madhya Pradesh on 10 May, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 2775 of 2022
(JAGRAM Vs THE STATE OF MADHYA PRADESH)
Dated : 10-05-2024
Shri Rajkumar Singh Kushwah - Advocate for the appellant.
Shri S.S.Kushwah - learned PP for the respondent-State.
Shri D.S.Dangi - learned counsel for the complainant.
Heard on I.A. No.15330 of 2023, second application under Section 389
(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail filed
on behalf of the appellant. His first application was dismissed as withdrawn
vide order dated 06.09.2022 was dismissed as withdrawn.
T h e appellant has been convicted for the offence punishable under
Section 302 and 201 of IPC and sentenced to undergo LI with fine of Rs.5000/-
and Five years RI with fine of Rs.2000/- with default stipulations respectively.
As per prosecution story, on 12.07.2015 on the report of complainant
Makhan Singh Dangi, Crime No.221 of 2015 was registered for the offence
punishable Under Section 302 of IPC against unknown person. The dead body
of deceased was found near the boundary wall of Archeological Department
near Mahamai Temple. The dead body was sent for Postmortem. The death
was found homicidal. During investigation, on the basis of statement of co-
accused Rajesh Dangi (PW5) recorded U/s 27 of the Evidence Act, appellant
Jagram Kusahwah was implicated and arrested on 13.07.20215. From his a
possession, blood stained lathi and a piece of stone was recovered.
Learned counsel for the appellant submits that he is innocent and falsely
been implicated in the case. Appellant is in jail from the date of judgment i.e.
03.02.2022. He remained in custody during trial also. At the time of incident,
appellant was 20 years old boy with no criminal antecedents. Besides, this
Criminal Appeal is of the year 2022 and there is no likelihood of early hearing of
this Appeal. The case is based on circumstantial evidence. The recovery of
stone and lathi was made from the open place. So far as FSL report is
concerned, no human blood was found. Under such circumstances, appellant
prays for suspension of sentence and grant of bail.
Learned counsel for the respondent-State opposes the prayer and prayed
for dismissal of the application.
Considering the overall facts and circumstances of the case and also
taking note of the fact that final conclusion of the appeal will still take sufficient
long time, we deem it proper to suspend the remaining custodial sentence of the
appellant. Accordingly, I.A. No.15330 of 2023 stands allowed. The execution
of remaining jail sentence of the appellant - Jagram S/o Veer Singh is hereby
suspended and it is ordered that the appellant be released on bail upon his
furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac
Only) with one solvent surety of the like amount to the satisfaction of the trial
Court and subject to depositing the fine amount (if not already deposited) with a
further direction to appear before the Registry of this Court on 12.08.2024 and
also on such other dates, as may be fixed by the Registry of this Court in this
regard during the pendency of this appeal.
I.A. stands disposed of.
(VIVEK RUSIA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
Rks
