Krishna Kumar Urf Lal Choudhary vs The State Of Madhya Pradesh
2024 Latest Caselaw 13719 MP

Madhya Pradesh High Court

Krishna Kumar Urf Lal Choudhary vs The State Of Madhya Pradesh on 10 May, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3833 of 2023 (KRISHNA KUMAR URF LAL CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 10-05-2024 Shri Rakesh Kumar Tiwari, learned counsel for the appellants.

Miss Nalini Gurung- P.L. appearing on behalf of Advocate General for the State.

Heard on IA No.10523/2024, repeat application under Section 389 (I) of the Cr.P.C. for suspension of sentence and grant of bail.

Perusal of judgment reveals that appellant reveals that appellant has been

convicted under Section 326 of IPC & has been sentenced to undergo R I for five years and with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant Krishna Kumar @ lala Choudhary submits that appellant has undergone two years and 6 months out of total actual sentence of 5 years. It is also urged that as per medical evidence, injuries sustained by the victim/injured has been caused by hard and blunt object and not by a sharp edged weapon. Therefore, offence come within the purview of section 325 IPC. Early hearing of this appeal is not possible, therefore, jail sentence of the appellant be suspended and he be released on bail.

Learned PL for the State has opposed the application. However, keeping in view overall evidence on record and including the period of custody, I deem it proper to suspend the jail the jail sentence of the appellant.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.1 is hereby suspended and it is directed that he be released on bail on his furnishing a personal bond for a sum of

Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before concerned trial Court, on 08.07.2024 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

Hashmi