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Judgment
Heard on IA No.3840/2021, which is second application filed under section 389 (1) of the Cr.P.C for suspension of sentence of appellant
Ramcharan, who has been convicted under section 307 of the IPC and sentenced to undergo 7 years. His first application (temporary) was allowed vide order dated 19.11.2019.
Learned counsel for the appellant submits that the incident had taken place because of sudden impulse and there was no premeditation by the appellant and other co-accused persons. The appellant also lodged a counter case because of which certain persons of other side were held guilty for committing the offence punishable under section 324 of the IPC, whereas the present appellant is erroneously held guilty for committing offence punishable under section 307 of the IPC. He submits that at best the offence may fall within the ambit of section 324 of the IPC because the nature of injuries were not dangerous to life.
He further submits that statement of PW No.7 Dr. Sourabh Purohit is not clinching in nature and does not specifically state that the injuries caused could have been a reason for death. He further submits that the appellant remained in custody for more than 18 months. The final hearing of this matter is not possible in near future because of this pandemic era. The appellant has not misused the liberty before the Court below nor will do the
same, if he is given the benefit of suspension of sentence.
The prayer is opposed by the learned counsel for the respondent/State.
Considering the factual backdrop of the incident, the period already undergone and nature of accusation, coupled with the fact that final hearing of the matter is not possible in near future, we deem it proper to suspend the remaining jail sentence of the applicant, therefore, IA No.3840/2021 is allowed.
The execution of jail sentence of applicant is hereby suspended and it is ordered that the applicant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rs. Thirty Thousand) 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, Dewas on 20.12.2021 and also on such other dates, as may be fixed by the trial Court, Dewas in this regard during the pendency of this appeal.