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Prahlad Sirsam vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 8 November 2023 · Citation: (2023) 11 MP CK 0022

HON’BLE JUDGES
Sujoy Paul, J · Vinay Saraf, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 389(1) · Indian Penal Code, 1860 — Section 302
CASE NUMBER
Criminal Appeal No. 5009 Of 2019
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Judgment

9 paragraphs · 341 words

Heard on I.A. No. 25318 of 2023, an application under Section 389(1) o f the Cr.P.C for suspension of sentence and grant of bail to appellant

Prahlad Sirsam arising out of judgment dated 30/05/2019 delivered in S.T. No.76/2018 passed by Sessions Judge, Mandla (MP).

T he appellant has been convicted for the offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- with default stipulation.

Learned counsel for this appellant submits that as per the prosecution story on 24.07.2018 at around 10 A.M., he had a quarrel with his wife. His father Fagu Singh tried to intervene and stop the quarrel but appellant in sudden impulse assaulted him because of which he succumbed to the injuries. There was no intention or motive to assault the father. The necessary ingredients to bring the matter within the ambit of murder is absent. The appellant remained in actual custody since 27.7.2018. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Learned Government Advocate opposed the prayer on the basis of objection.

Considering the nature of accusation, period of custody and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No. 25318 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant Prahlad Sirsam be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Mandla o n 4th of December, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.