Pawan And Others vs State Of Madhya Pradesh

J. P. Gupta, J

Heard on I.A.No.9538/2020 which is fourth application filed by the appellant nos.1 & 2 Pawan and Neetesh Raghuvanshi under section 389 (1) of Cr.P.C. for suspension of their jail sentence awarded by the Court of 1st Additional Sessions Judge, Pipariya, District Hoshangabad, in S.T. No. 10/2012 vide its judgment dated 2.5.2018 convicting them under Sections 307/34, 323/34 and 323 of the IPC and sentencing to undergo RI for 10 years with fine of Rs.2000/-, RI for 1 year with fine of Rs.1000/- and RI for 1 year with fine of Rs.1000/-, with default stipulation as mentioned in the impugned judgment.

Earlier by order dated 6.3.2010 the second application was dismissed on merits with an observation that at the present stage the appellants cannot be given liberty merely on the ground of compounding the offence by the parties. In the aforesaid observation, after passing of substantial time this application can again be considered on merits.

It is submitted by the learned counsel for the appellants that the appellants are in custody since 2.5.2018 and nearabout 2 & 1/2 years have been completed and looking to the background of compounding the offence, the sentence may be reduced to the period already undergone.

In the circumstances, if the appellants sentence is not suspended, their right to appeal would be futile. Apart from it, the appellants have no criminal antencedent and there is no likelihood of their absconding, therefore, the execution of their jail sentence be suspended.

Learned Panel Lawyer opposed the application, however, learned counsel for the objector has expressed that the complainant has no objection to release the appellants after suspension of the execution.

Having considered the aforesaid contentions of learned counsel for the parties and on perusal of record, without commenting anything on the merits of the matter, in view of this Court the application deserves to be allowed.

Hence the same is allowed. It is ordered that subject to payment of the fine amount, if not already deposited, the execution of jail sentence of appellant nos.1 & 2 Pawan and Neetesh Raghuvanshi shall remain suspended during the pendency of this appeal and they be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial court on 15.12.2020 and thereafter on all other such subsequent dates as may be fixed by that court in this regard.

Let the appeal be listed for final hearing in due course as per listing policy.

C.C as per rules.