PADAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Admit. Also, heard on I.A. No.1580/2023, which is first application for suspension of sentence and grant of bail filed under Sec. 389(1) of the Cr.P.C. on behalf of appellant-Padam.

(2.) The trial Court has convicted the appellant under Sec. 302 of the I.P.C. and sentenced to undergo Life Imprisonment fine of Rs.15,000.00 with default stipulation, vide judgment of conviction and order of sentence dtd. 25/8/2022 passed by the First Additional Sessions Judge, Kukshi, District-Dhar in S.T. No.34/2020. As per prosecution case, on 13/5/2020 at about 5:15 p.m. appellant murdered deceased Jaam Singh. Learned counsel for the appellant submits that he has not committed any offence and he has falsely been implicated in the case. He further submits that as per prosecution case the incident occured due to sudden quarrel between the parties and appellant gave a single blow to the deceased by means of brick therefore, offence under Sec. 302 of the I.P.C. is not made out. Appellant is in custody since 15/5/2020. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

(3.) Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant and prays for its rejection. We have heard learned counsel for both the parties and perused the record.