GIRDHAR Vs. STATE OF M.P

JUDGEMENT

(1.) Heard on I.A.No.407/2020, which is the first application under Section 389 (1) of Cr.P.C . for suspension of jail sentence on behalf of the appellant No.3 Bherusingh.

(2.) The appellant has been convicted for offence punishable under Section 307 (3 counts) of I.P.C . and sentenced to undergo 7 year R.I., fine of Rs.2,000/- with default stipulation vide judgment dated 27.11.2019 passed by Additional Session Judge , Special Court (Electricity Act) No.7,Indore in S.T.No.569/2017.

(3.) Learned counsel for the appellant No.3 Bherusingh has submitted that appellant No.3 was on bail during the trial and he did not misuse the liberty so granted to him. It is further submitted that there is no allegation against the appellant No.3 to cause any injury to injured Chetan and Ajay. It is alleged that the present appellant Bherusingh equipped with stick and he gave a blow of stick to Mohit, however, according to the medical report no injury was found on the person of the Mohit caused by hard and blunt object. It is further submitted that appellant No.3 and Mohit had already entered into compromise and in this regard they have filed I.A.Nos.1364/2020, 1367/2020 and 1369/2020 under Section 320 of Cr.P.C. which have already been verified by the Principal Registrar of this Court. There are fair chances of success of this appeal and there is no likelihood of hearing of the appeal in near future. If the remaining custodial sentence of the appellant No.3 is not suspended then appeal filed by the appellant may turn infructuous. The appellant No.3 is ready to deposit the fine amount. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellant No.3.