Parasram vs The State Of Madhya Pradesh on 13 February, 2025

Madhya Pradesh High Court

Parasram vs The State Of Madhya Pradesh on 13 February, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

                                                             1                                   CRA-4503-2023
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 4503 of 2023
                                         (PARASRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 13-02-2025
                                 Shri Sunil Sakale - Advocate for the appellant No.2 and 3.

                                 Shri L.C.Chourasiya - Advocate for the appellant No.5.
                                 Shri A.S.Baghel - Government Advocate for the respondent/State.

Heard on IA No.3418 of 2025 which is first application filed under
Section 389 (1) of CrPC for suspension of sentence on behalf of appellant

no.2 – Devendra and appellant No.3 – Virendra and I.A.No.3660 of 2025
which is the second application under Section 430 of Bhartiya Nagrik
Shuraksha Sanhita, 2023 filed on behalf of the appellant No.5 – Vijay. The
earlier applications of the appellant No.5 being I.A.No.20907 of 2024 and
I.A.No.21489 of 2024 were dismissed as withdrawn vide order dated
23.10.2024.

This criminal appeal assails the judgment dated 20.03.2023 passed in
Sessions Trial No.14/2018 by the learned First Additional Sessions Judge,
Khandwa, District Khandwa (M.P.) whereby the accused No.2/appellant

No.2 – Devendra, accused No.3/appellant No.3 – Virendra and appellant No.5

– Vijay have been convicted under Sections 148 and 452 of the Indian Penal
Code and sentenced to undergo R.I. for 1-1 year and fine of Rs.500/- and
Rs.1,000/- respectively and under Section 307 r/w Section 149 (03 counts) of
the Indian Penal Code and sentenced to undergo R.I. for 05 years (for each
counts) and fine of Rs.1,000/- (for each counts) respectively, with default

Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 06-03-2025
19:01:45
2 CRA-4503-2023
stipulations.

Learned counsel for the appellants submits that the appellants are in
custody from the date of judgment i.e. 20.3.2023. Therefore, they have
completed more than half of the jail sentence out of the total conviction of
five years. There is no likelihood of early disposal of the appeal. Hence, he
prays for suspension of sentence and grant of bail, placing reliance upon the
judgment rendered by the Hon’ble Supreme Court in the case of Saudan
Singh Vs. State of U.P. reported in 2021 SCC Online SC 3259 whereby the
Hon’ble Supreme Court has directed for consideration of the application for
suspension of sentence and grant of bail where the appellant has already
undergone 50% of the actual sentence.

It is argued that looking to the facts and circumstances of the case

offence under Section 307 of Indian Penal Code is not made out against the
present appellants. Even the medical report does not support the case of the
prosecution as far as intention to commit murder is concerned. They were on
bail during trial and they have not misused the liberty granted by the Court.
They have remained in custody for more than 1 year and 11 months till the
date of filing of this application. On these grounds, he has prayed for grant
of bail to the appellants.

Per contra, counsel for the State has vehemently opposed the
application stating therein that there is active participation of the present
appellants in the commission of offence. The appellants have been convicted
for offence under Section 307 read with Section 149 on three counts. He has
produced the report from the Jail authorities pointing out the custody period

Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 06-03-2025
19:01:45
3 CRA-4503-2023
of the appellants. The appellants have undergone jail sentence of 2 years 6
months and 7 days. Hence, they have undergone 50% of the actual sentence.

Considering the overall facts and circumstances of the case and
looking to the fact that there is no likelihood of early disposal of the appeal
in near future and also the fact that the appellants have undergone more than
50% of actual sentence, this Court deems it appropriate to allow these
applications and is inclined to grant bail to appellants by way of suspension
of sentence. Accordingly, without expressing any opinion on the merits, I.A.
No.3418 of 2025 and I.A.No.3660 of 2025 are allowed and it is directed that
the remaining jail sentence of the the appellant No.2 – Devendra, appellant
No.3 – Virendra and appellant No.5 – Vijay shall remain suspended subject to
depositing the fine amount, if not already deposited, and they be released on
their furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand
Only) each with one solvent surety each in the like amount to the satisfaction
of trial Court concerned for their appearance before the Trial Court
on 15.05.2025 and thereafter on such other dates as may fixed by the Trial
Court in this regard.

List the matter for final hearing in due course.

Certified copy as per rules.

(VISHAL MISHRA)
JUDGE

AM

Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 06-03-2025
19:01:45