Madhya Pradesh High Court
Pappi Jatav @ Dinesh Jatav vs The State Of Madhya Pradesh on 27 June, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 2683 of 2022 (PAPPI JATAV @ DINESH JATAV Vs THE STATE OF MADHYA PRADESH) Dated : 27-06-2022 Shri Arun Kumar Pateriya, learned counsel for the appellant.
Shri Pramod Pachori, learned Public Prosecutor for the State. Shri Sudhir Singh Tomar, learned counsel for the complainant. Heard on IA.No.9616/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Pappi Jatav.
In brief prosecution case is that on 26.04.2013 at 10:15 pm appellant Pappi Jatav along with Mithun, Mahesh Jatav, Gabbar Jatav came to the house of complainant Chhotu alias Santram and due to previous enimity started abusing him with filthy languages. When he objected, Pappi fired with countrymade pistol on him. Bullet hit on his left thigh. Mithun assaulted with Sariya on his left shoulder. He fell down. When his brother Kailash came to intervene, Gabbar assaulted him with Lathi. Afterwards when Ramdevi came to intervene, Majesh Jatav and Pappi Jatav assaulted her with fist blows. On his report, Crime No. 36/2015 for the offence punishable under Sections 307, 323, 294 of IPC was registered at Police Station Dabra. After investigation, charge- sheet was filed for the aforesaid offences. After trial, appellant- Pappi Jatav has been convicted under Section 307 of IPC and Section 25(1-B) A and 27 of the Arms Act and sentenced to undergo seven years R.I. with fine of Rs.3000/-, 1 years RI with fine of Rs.1,000/- and 3 years RI with fine of Rs.1,000/- respectively vide judgment dated 13th January, 2022 passed in S.T.No.36/2015.
I t is submitted by learned counsel for the appellant that during trial 2 appellant remained in custody from 29.4.2013 to 27.6.2013 and after judgment dated 13.1.2022 he is in custody. Co-accused Mithu has been granted suspension of sentence by this Court. During trial he was on bail, but he did not misuse the liberty so granted. Amount of fine has been deposited by him. He has a good case on merits. Final hearing of the appeal will take time. Therefore, prayer for suspension of sentence has been made.
Learned counsel for the State as well as complainant opposed the application and prayed for its rejection.
Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.9616/2022 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 26th September, 2022 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE ms/-
MADHU SOODAN PRASAD 2022.06.28 09:42:03 +05'00'