1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 51 of 2015
(SUNIL @ PINTU MISHRA Vs THE STATE OF MADHYA PRADESH)
Dated : 06-05-2022
Shri P.S. Thakur, learned counsel for the appellant.
Shri Ajay Shukla, learned Government Advocate for the
respondent/State.
I.A.No.4507/2022, which is repeat (third) application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to appellant-Sunil @ Pintu Mishra is taken up and considered along with reply of the State. Earlier applications were dismissed on merits by the coordinate bench of this Court vide order dated 17.06.2016 bearing I.A.No.215/2015 and order dated 13.09.2017 bearing I.A.No.840/2017.
This criminal appeal assails the judgment dated 25.09.2014 passed in S.T. No.08/2014 by the I Additional Sessions Judge, Deosar, District-Singrauli (M.P.) whereby the appellant has been convicted under Section 302 of IPC and sentenced to imprisonment for life with fine of Rs.2000/- with default stipulation.
Learned counsel for appellant submits that appellant herein is guilty to commit murder of his wife and he has been convicted without appreciating the fact that there is no motive to commit the said offence. He further submits that there was no mens rea to commit murder of his wife and looking to the prosecution story it is evidently clear that the incident took place at the spur of the moment. He submits that the appellant has completed 9 years and 5 months Signature Not Verified SAN of incarceration period and there is no hope of concluding this appeal in the Digitally signed by SAVITRI PATEL Date: 2022.05.09 18:56:08 IST near future. Therefore, in view of the above, he prays that appellant be enlarged 2 on bail.
Learned counsel for the State opposes the said application and supports the findings of the learned Court below in the impugned judgment and submits that it was not a case of single injury whereas the multipul injuries were found on the person of deceased, therefore, this could not have been a case where the incident tool place spur of the moment. Therefore, he submits that trial Court rightly convicted the present appellant and prayed that he is not entitled to be enlarged on bail.
We have heard learned counsel for parties and perused the record. Allegations against the present appellant are that there are two eye witnesses, who are son and daughter of the appellant, namely, Divyanshu (PW-
2) and Anjali (PW-3) were entered into the witness box aged about 10 and 8 years respectively. Their testimonies reveal that deceased had cooked dinner on the date of incident and she had cooked rice but she did not make roti (chapati), as a result of which, in sudden passion of heat/rage, the present appellant inflicted injury on the person of the deceased with the aid of utensil made of metal as well as wooden stick.
Considering the aforesaid and the fact that the offence appears to be committed at the spur of moment between present appellant and deceased who were husband and wife, as a result of which the wife of appellant was done to death and the appellant has also remained in custody for a period of 9 years and 5 months. Apparently he has two children to be looked after and also the fact that there is no hope of concluding this appeal in the near future, this Court without entering into the merits of the matter is inclined to grant benefit of bail to the Signature Not Verified appellant by way of suspension of sentence. Hence, IA. No.4507/2022 is SAN Digitally signed by SAVITRI PATEL Date: 2022.05.09 18:56:08 IST allowed.
3Accordingly, it is directed that jail sentence of appellant-Sunil @ Pintu Mishra will remain under suspension on his furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of Rs.25,000/- each, to the satisfaction of Trial Court for his appearance before CJM, Singrauli on 20.06.2022 and on such further dates as may be fixed in this regard which shall be of frequency not less than once a year.
In case, appellant is found absent on any date fixed by the concerned CJM, then concerned CJM shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.
Learned concerned CJM and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. as well as the State Govt. during release, travel and residence of the appellant during period of suspension of sentence as a consequence of this order.
A copy of this order be sent to the trial Court concerned for compliance. C.c. as per rules.
(SHEEL NAGU) (MANINDER S BHATTI)
JUDGE JUDGE
sp
Signature Not Verified
SAN
Digitally signed by SAVITRI PATEL
Date: 2022.05.09 18:56:08 IST