Jaggu vs The State Of Madhya Pradesh
2024 Latest Caselaw 14634 MP

Madhya Pradesh High Court

Jaggu vs The State Of Madhya Pradesh on 16 May, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 1671 of 2013
                                               (JAGGU Vs THE STATE OF MADHYA PRADESH)

                         Dated : 16-05-2024
                               Ms. M.R. Sheikh, learned counsel for the appellant.

                               Shri   Kushal       Goyal,   learned   Government        Advocate   for   the
                         respondent/State.

Heard on I.A. No. 3460/2024, which is first application for suspension of sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of

sole appellant - Jaggu.

2. The appellant has been convicted for the offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment and fine of Rs.1000/- with default stipulation in Session Trial No.152/2012 by Additional Sessions Judge, Jobat District Alirazpur vide judgment dated 20.09.2013.

3. The appellant/accused has been convicted for committing the murder of Kunwar Singh (deceased) by means of stones on 19.08.2012 at about 06:30 PM in Village Bada Guda Badi Semal Faliya, regarding which a Crime No.226/2012 was registered at Police Station Jobat District Alirazpur.

4. This application has been preferred only the ground that the there is no motive of the appellant to kill the deceased. The doctor Saja Muvel (PW-6) has mentioned a single injury in his postmortem report. No witnesses found to be beaten to deceased by the appellant by means of stone. The appellant has undergone actual sentence of 11 years and 6 months (till 15.02.2024).

5. Counsel for the respondent/State has opposed the aforesaid prayer vide document No.3185/2024 that the prosecution has duly proved its case by testifying eye witness Bhuwansingh (PW-1), Sabalsingh (PW-2), Kumtibai

(PW-4) and supporting witness Amarsingh (PW-3). The case of prosecution has been duly proved by the FSL Report (Ex.P.11). The appellant failed to discharge the onus by leading evidence and putting up defence.

We have perused the impugned judgment and entire record available with the file.

6. Considering the statement of Kumtibai (PW-4) who was present at the scene of crime and nature of weapon (stone) used to inflict the injury to the deceased which dose not come under the category of lethal weapon and period of custody undergone by the appellant i.e. 11 years, 8 months and 24 days. We are inclined to suspend the remaining jail sentence of appellant. Without

commenting on the merits of the case, I.A. No. 3460/2024, stands allowed. It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with a solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 29.07.2024 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Certified copy as per rules.

                            (S. A. DHARMADHIKARI)                                 (GAJENDRA SINGH)
                                     JUDGE                                             JUDGE

                         Praveen