Madhya Pradesh High Court
Hariram vs The State Of Madhya Pradesh on 12 June, 2023
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8147 of 2019
(HARIRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 12-06-2023
Shri P.K. Naveriya, counsel for the appellant No.2-Dangal.
Shri Arvind Singh, GA for the respondent State.
Heard on admission.
This appeal is admitted for hearing.
Also Heard on IA No.17850/2019 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant No.2 Dangal arising out of judgment dated 22.4.2019 delivered in S.T. No.22/2017 by Sessions Judge, Jatara, Distt. Tikamgarh.
The appellant has been convicted under Section 302/34 of the IPC and sentenced to undergo for Life with fine of Rs.1,000/- and Section 323 of the IPC and sentenced to undergo R.I. for 3 months with default stipulation.
By taking to this Court to the prosecution story, learned counsel for the appellant no.2 Dangal submits that on 02.11.2016, the injured witness Ram Gopal Yadav (PW-2) lodged an oral report in Police Station-Parela that he along with his brother Deendayal (deceased), were going towards their agricultural field but in between both the appellants stopped them and an exchange of heated arguments were taken place, which was followed by an assault by both the appellants.
Learned counsel for the appellant by taking this Court to the statement of Ramgopal Yadav (PW-2) submits that he mainly deposed against the main accused Hariram, who allegedly assaulted the deceased person by means of lathi. This appellant allegedly assaulted the injured eye witness-Ramgopal Yadav Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 6/12/2023 2:32:09 PM 2 (PW-2). The appellant is in custody since 13.11.2016. The incident had taken place suddenly without there being any pre-meditation. No deadly weapon has been used in the incident. Three injuries have been found on the person of the deceased, which became cause of death, the final hearing of this appeal will take time, therefore the remaining jail sentence of this appellant no.2 Dangal may be suspended.
The prayer is opposed by learned State counsel.
Considering the limited role of this appellant and without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant no.2 Dangal.
Accordingly, aforesaid IA is allowed.
Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Dangal is hereby suspended and it is directed that the appellant 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 concerning trial Court Tikamgarh on 21.8.2023 and also on such other dates, as may be fixed by the trial Court in this regard during the pendency of this appeal.
C c as per rules.
(SUJOY PAUL) (ACHAL KUMAR PALIWAL)
JUDGE JUDGE
sh
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 6/12/2023
2:32:09 PM