Madhya Pradesh High Court
K.K. Puri @ Krishankant Puri vs The State Of Madhya Pradesh on 28 August, 2019
Author: Sujoy Paul
Bench: Sujoy Paul
1 CRA-5220-2019
The High Court Of Madhya Pradesh
CRA-5220-2019
(K.K. PURI @ KRISHANKANT PURI Vs THE STATE OF MADHYA PRADESH)
7
Jabalpur, Dated : 28-08-2019
Shri Raman Patel, learned counsel for the appellant no.3, Manikpuri.
Ms. Manjeet P.S. Chuckal, learned P.L. for the respondent-State.
Heard on I.A. No.11439/2019 filed under Section 389 (1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail.
This is the first application of the appellant no.3 seeking suspension of sentence. The appellant is in jail and was convicted vide judgment dated 25.4.2019 passed in ST. No.314/2014 under Sections 148, 302/149 and 302/149 of IPC and sentenced to undergo R.I. for one year with fine of Rs.500/-, R.I. for life imprisonment with fine of Rs.1,000/- and R.I. for life imprisonment with fine of Rs.1000/- respectively with default stipulation.
Learned counsel for the appellant no.3 submits that appellant is aged about 70 years old and is almost infirm. As per prosecution story, this appellant had used Ballam and assaulted on the foot of the deceased whereas reason of death is mainly head injury. Learned counsel submits that considering the age of this appellant, remaining jail sentence may be suspended.
Prayer is opposed by Ms. Chuckal, learned P.L..
We have heard the parties at length and perused the record.
Considering the age of appellant no.3 and limited role attributed to him, we deem it proper to suspend the remaining jail sentence of appellant no.3.
Accordingly, the said I.A. is allowed. Execution of jail sentence of appellant no.3 is hereby suspended and it is ordered that the appellant, Manikpuri be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial court with a further direction to appear before the Registry of this Court on 16th December, 2019 and also on such other dates as may be fixed by the Court in this regard during the pendency of this appeal.
The said I.A. is allowed.
C.C. as per rules.
(SUJOY PAUL) (B. K. SHRIVASTAVA)
JUDGE JUDGE
P/-
Digitally signed by PREETI TIWARI
Date: 30/08/2019 16:56:53
2 CRA-5220-2019
Digitally signed by PREETI TIWARI
Date: 30/08/2019 16:56:53