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Judgment
I.A. No.14504/2023, an application for taking additional documents on record is not pressed, therefore, the same is dismissed as not pressed.
Heard on I.A. No.11644/2023, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant 1 arising out of judgment dated 14.09.2018 delivered in Sessions Case No.132/2012 by Special Judge (SC/ST Act), District Chhatarpur.
The appellant 1 has been convicted under Section 302/34 of IPC and sentenced to undergo R.I. for life with fine of Rs.1,000/-, under Section 302/34 of IPC and sentenced to undergo R.I. for life with fine of Rs.1,000/-, with default stipulations.
Learned counsel for the appellant by taking this Court to the prosecution story submits that on 03/07/2012, FIR was lodged that the accused persons suddenly assaulted the deceased by means of lathi but the appellant caused one lathi injury only. The incident had taken place suddenly without there being any premeditation. The appellant remained in custody for more than 7 years. The final hearing of this appeal is not possible in near future. The necessary ingredients for attracting Section 302 of IPC are not available. Thus, the remaining jail sentence may be suspended.
The prayer is opposed by learned Government Advocate on the basis of objection.
Considering the aforesaid factual backdrop and period of custody, without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of this appellant 1.
Accordingly, I.A No.11644/2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant 1 is hereby suspended and it is directed that appellant 1 be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with separate solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, District Chhatarpur o n 9th of October, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this Appeal.
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