Prakash @ Ramprakash Gurjar vs The State Of Madhya Pradesh
2024 Latest Caselaw 14145 MP

Madhya Pradesh High Court

Prakash @ Ramprakash Gurjar vs The State Of Madhya Pradesh on 14 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                               1
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT GWALIOR
                                                       CRA No. 2943 of 2023
                                 (PRAKASH @ RAMPRAKASH GURJAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-05-2024
                                  Shri Atul Gupta, learned counsel for the appellants.

                                  Shri Rajesh Shukla, learned AAG for respondent/State.

Heard on I.A. No. 9066/2024 which is third application filed on behalf of appellant No.2-Amar Singh filed under Section 389 (1)of Cr.P.C. for suspension of sentence mainly on the ground of advance age of appellant.

The present appellant stands convicted for the offence punishable under

Section 302/149 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.3,000/- and under Section 323/149 of IPC and sentenced to undergo RI for 1 year on two counts and under section 148 of the IPC to undergo RI for 1 year with default stipulations vide impugned judgment 20.01.2023 passed by Fifth Additional Sessions Judge, District Morena in S.T. No.231/2011.

Learned counsel for the appellant submits that appellant is aged about 77 years and suffering from old-age diseases. There is no recovery of firearm from the appellant. He has been implicated and convicted only on the basis of his presence with the add of Section 149 of IPC. Appellant has suffered

incarceration of 01 year and 06 months. The appellant was on bail during the trial and he did not misuse the liberty so granted to him. The appeal is of the year 2024 and final hearing would likely to take long time, hence, remaining sentence of the appellant be suspended.

Learned Additional Advocate General opposes the prayer and prays for its rejection.

Considering the overall facts and circumstances of the case and also

taking note of the fact that appellant has suffered more than one and half year of incarnation final conclusion of the appeal will still take sufficient long time, we deem it proper to suspend the remaining custodial sentence of the appellant no.2-Amar Singh. Accordingly, I.A. No.9066 of 2024 stands allowed. The execution of remaining jail sentence of the appellant no.2-Amar 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)                                   (RAJENDRA KUMAR VANI)
                                  JUDGE                                               JUDGE

                           Ashish*