Rajeev Kumar Dubey, J
Also heard on I.A.No.11173/2022, which is an application under Section 3 8 9 of Cr.P.C. for suspension of the custodial sentence passed against
appellant Mukesh Suryawanshi and release him on bail.
This appeal has been preferred against the judgment dated 28/5/2022 passed by IVth Additional Sessions Judge, Chhindwara in Session Trial
No.261/2014 whereby learned Sessions Judge found the appellant guilty for the offence punishable under Section 307 of IPC and sentenced him to
undergo R.I. for 7 years with fine of Rs.20,000/- with default clause.
Learned counsel for the appellant submitted that alleged incident is said to have committed by the appellant on 28/11/2013 while police registered the
crime on 31/1/2014. There is no plausible explanation regarding delay in lodging the FIR. Even police got medical examination of injured Malkhu
conducted on 2/12/2013, four days after the incident. Regarding the incident, there are many contradictions and omissions in the statements of the
prosecution witnesses. In the incident, appellant Mukesh sustained as many as six injuries and other co-accused Devanand and Panchulal also
sustained injury which was proved by Dr. Vikas Dwivedi (DW1) which clearly shows that the appellant and the co-accused person were the
aggressor. Learned trial Court without appreciating all these facts wrongly found the appellant guilty for the aforesaid offence. The appellant has been
in custody since the date of judgment i.e.28/5/2022. Hence, prayed for suspension of the jail sentence and release of the appellant on bail since the
hearing of this appeal will take time.
Learned counsel for the respondent/State opposed the prayer and submitted that from the prosecution evidence, the guilt of the appellant is clearly
proved, so the learned trial Court did not commit any mistake in finding the appellant guilty for the aforesaid offence, so the sentence of the appellant
should not be suspended.
Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that the appellant is in custody since
the date of judgment i.e.28/5/2022 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed
that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be released
on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial
Court for his appearance before the Registry of this Court on 19/12/2022 and on such further dates as may be fixed in this behalf by the Registry
during the pendency of this appeal.
List the matter for final hearing in due course.
Certified copy on payment of usual charges.
