Ramsharan Kushwaha vs The State Of Madhya Pradesh
2024 Latest Caselaw 13690 MP

Madhya Pradesh High Court

Ramsharan Kushwaha vs The State Of Madhya Pradesh on 10 May, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                              1
                                      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 : 10-05-2024
                                Shri Ajay Jain - Advocate for appellants.

                                Shri Satish Pateriya - Panel Lawyer for the respondent/State.

Heard on I.A No.7137 of 2024, which is third application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant- Vishvnath Kushwaha arising out of judgment dated 29.09.2018 delivered in

S.T. No.44/2016 passed by 1st Additional Sessions Judge, Panna, District- Panna. Earlier two bail applications were dismissed as withdrawn.

T h e appellant has been convicted for the offence punishable under Section 302/34 of IPC and sentenced to undergo R.I. for life imprisonment with fine of Rs.5,000/- with default stipulations.

Learned counsel for the appellant by taking this Court to the prosecution story urged that all the appellants/accused have caused injuries to deceased Vishnu Kushwaha and out of 6 accused persons, 5 accused have already been granted bail by this Court. He submits that appellant 3- Vishvnath Kushwaha is

said to have armed with sword but as per Dr. Ajay Kumar Choudhary (PW-1), victim has received multiple blunt injuries and stab wound on left forearm and on other parts of the body. Learned counsel for the appellant further submits that no injuries have been caused on the vital part of body of the deceased. Learned counsel further submits that the appellant is in custody since 29.02.2016 and has completed 08 years of actual imprisonment without remission.The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the appellant 3 may be suspended.

Learned Panel Lawyer for the respondent/State has opposed the application and prays for its dismissal .

Considering the aforesaid factual backdrop and bleak chances of final hearing of this appeal in near future and also looking to the custody period and the fact that other co-accused have already been granted bail by this Court, without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant 3.

Accordingly, I.A No.7137 of 2024 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant 3 is hereby suspended and it is directed that

appellant-Vishvnath Kushwaha be released on bail on his 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 on 1st of July, 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                                (DWARKA DHISH BANSAL)                        (ACHAL KUMAR PALIWAL)
                                       JUDGE                                         JUDGE

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