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Nonelal Gond vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 9 August 2023 · Citation: (2023) 08 MP CK 0058

HON’BLE JUDGES
Dwarka Dhish Bansal, J · Sujoy Paul, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 389(1) · Indian Penal Code, 1860 — Section 34, 302, 307
CASE NUMBER
Criminal Appeal No. 333 Of 2011
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Judgment

9 paragraphs · 356 words

Heard on I.A. No.8364/2023, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant arising out of judgment dated 20.1.2011 delivered in Sessions Trial No.258/2010 by 3rd Additional Session Judge, Jabalpur.

The appellant has been convicted under Section 302 of IPC and sentenced to undergo R.I. for life, under Section 307 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.100/-, with default stipulations.

Learned counsel for the appellant at the outset fairly submits that although the certain previous applications of this appellant were dismissed on merits, fact remains that appellant remained in actual custody for more than 13 years 6 months. The final hearing of this appeal is not possible in near future.

The prosecution story shows that the incident had taken place suddenly without there being any premeditation. The appellant was not carrying any deadly weapon. During the quarrel and exchange of heat, out of anger he took out a pipe, in which nozzle was fixed and assaulted the deceased by means of said pipe. Thus, necessary ingredients for attracting Section 302 of IPC are not available. The remaining jail sentence may be suspended.

T h e prayer is opposed by learned Panel Lawyer on the basis of objection.

Considering the period of custody coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A No.8364/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant 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 Jabalpur on 30th 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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