Madhya Pradesh High Court
Gudda @ Lal Sahab vs State Of M.P. on 13 May, 2015
Cr.A.No.202/2012
12.5.2015
Shri S.S.Gautam, learned counsel for the appellant.
Shri J.M.Sahni, learned Panel Lawyer for the
respondent/State.
Heard on I.A.No.3652/2014 and I.A. No.6116/2014 the second repeat applications for appellant No.3 Kutariya and appellant No.4 Kaptan for suspension of remaining jail sentence and grant of bail.
In the course of argument on some query the appellant counsel seeks permission to withdraw I.A.No.3652/2014 an application for appellant No.3 Kutariya as not pressed with liberty to revive the prayer at subsequent stage on availability of some additional ground or after facing some substantive part of awarded jail sentence.
Considering the aforesaid I.A.No.3652/2014 is dismissed as withdrawn and not pressed with the liberty aforesaid.
Heard on I.A.No.6116/2014 an application for suspension of remaining jail sentence and grant of bail to appellant No.4 Kaptan.
Having heard the counsel keeping in view the arguments advanced taking into consideration the autopsy of Ramdeen according to postmortem he died due to three incised wounds on his head and as per available evidence undisputedly the appellant No.4 Kaptan was laced with Luhangi stick and not hard and sharp weapon by which the alleged incised wounds found on the head of the deceased could have been caused and no other fatal injury which has been caused by Luhangi stick has been found on the person of the deceased. Taking into consideration the period suffered by the appellant in jail, without expressing any opinion on the merits of the matter, the IA is allowed and subject to verification of depositing the fine amount, remaining jail sentence of appellant No.4 Kaptan is hereby suspended.
It is further directed that on furnishing a personal bond of Rupees One Lac alongwith one surety in the like amount to the satisfaction of trial Court, appellant No.4 Kaptan shall be released on bail, with a direction that he shall appear in the Registry of this Court, firstly on 27.11.2015, so also on such other dates as are fixed by the office in this regard till disposal of this appeal.
Certified copy.
(U.C.Maheshwari) (D.K.Paliwal)
Judge Judge
Patil