Preetam vs The State Of Madhya Pradesh
2024 Latest Caselaw 16413 MP

Madhya Pradesh High Court

Preetam vs The State Of Madhya Pradesh on 31 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 8423 of 2019
                                                (PREETAM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-05-2024
                                 Shri Baboo Ji Chourasia - Advocate for the appellant.

                                 Shri Yogesh Dhande - Government Advocate for the respondent-State.

Heard on I.A. No.1528/2024, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant Preetam S/o Ganesh Ahirwar.

The appellant is aggrieved of the judgment dated 30.07.2019 passed by learned Third Additional Sessions Judge, Khurai, District Sagar in Sessions Trial No.06/2018, whereby the appellant stands convicted for the offence under Section 302 of the Indian Penal Code, 1860 and sentenced to undergo R.I. for Life and fine of Rs.500/- with default stipulation of R.I. for 1 month.

I t is submitted by Shri Baboo Ji Chourasia, learned counsel for the appellant that the whole prosecution story is concocted. In the MLC, Ex.P-15, there is no mention of burn injuries being caused by any third person. Dying declaration, Ex.P-12 does not inspire any confidence, inasmuch as, on

16.10.2017 when deceased was admitted in the Bundelkhand Medical College Hospital, Sagar, then as per Ex.P-15, his general condition was very poor and he was unconscious. His orientation was also poor. The persons who have been named in the so-called dying declaration, Ex.P-12, namely, Jeetendra and Krishna Bai, both have turned hostile and they have not supported the prosecution's case. There are good chances of success in the appeal. The appellant is in custody since 20.10.2017. Hence, prayer is made to suspend the remaining jail sentence of the appellant and to release him on bail.

Shri Yogesh Dhande, learned Public Prosecutor for the respondent-State, in his turn, opposes the prayer for suspension of sentence and grant of bail.

After hearing learned counsel for the parties and going through the record, so also taking into consideration the fact that appeal is going to take time for its disposal, without commenting on the merits of the case, we are of the considered opinion that this is a fit case to suspend the remaining jail sentence of the appellant and to release him on bail. I.A. No.1528/2024 is accordingly allowed.

It is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty

Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court on 20.12.2024 and such other dates as may be fixed by the Trial Court, which shall not be more than 2 times in a year, the execution of remaining part of the jail sentence imposed upon appellant Preetam S/o Ganesh Ahirwar shall remain suspended and he shall be released on bail till final disposal of this appeal.

Accordingly, I.A. No.1528/2024 is allowed & disposed of. Let paper book be prepared and this case be listed for final hearing in Part-B of the cause list as per its turn and seniority.

Certified copy as per rules.

                                (VIVEK AGARWAL)                                      (DEVNARAYAN MISHRA)
                                     JUDGE                                                  JUDGE

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