Hari Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8705 MP

                                                         01Cr.A.362/2015

              HIGH COURT OF MADHYA PRADESH

                            Cr.A. No. 362/2015

                       (Hari Singh vs. State of M.P. )

Gwalior, Dated: 13.12.2021
       Shri Ashok Jain, learned counsel for the appellant.

       Shri Naval Kishore Gupta, learned Public Prosecutor for the

respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.2810/2020, IInd application u/Sec. 389 of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant -

Hari Singh is taken up and considered.

This criminal appeal assails the judgment dated 25th February,

2015 passed in S.T.No.189/2014 by the Additional Sessions Judge,

Karera, District Shivpuri, whereby appellant has been convicted and

sentenced as under with default stipulation :-

      Sections (IPC)           Imprisonment                  Fine
302                        Life Imprisonment  Rs.3,000/- with
                                              default stipulation

It is submitted by learned counsel for the appellant that first

application for suspension of sentence was dismissed vide order dated

14.02.2020 with liberty to file fresh application. It is further submitted

that the appellant is in custody since 26.04.2014.

Allegation against the present appellant is that on 25.06.2014 at

09.30 PM after taking liquor he came to the house of complainant

Harnam Singh and started abusing him. He also started throwing 02Cr.A.362/2015

stone on the door. Harnam Singh came inside the room with danda

and gave blow to the appellant Hari Singh. At that time, wife of

complainant, Kamlesh took Harnam inside the room, then the

appellant throw brick on Bhagobai, his mother, who was standing in

the courtyard, due to which she fell down. Afterwards, the appellant

gave blow to his mother on her head by khanda, due to which she

died.

Learned counsel for the State opposed the application and

prayed for its rejection by contending that on the basis of the

allegations and the material available on record, no case for grant of bail

is made out.

Considering the facts and circumstances of the case, but

without commenting anything on the merits of the case,

IA.No.2810/2020 is allowed and it is directed that jail sentence of

appellant will remain under suspension subject to verification that the

amount of fine has been deposited, on appellant's furnishing bail bond

of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent

surety of the like amount to the satisfaction of concerned Trial Court

for his appearance before the Principal Registrar of this Court on 28th

March, 2022 and thereafter on such further dates as may be fixed by

the office of this Court in this regard till disposal of the appeal.

C.c. as per rules.

(Rohit Arya)                      (Deepak Kumar Agarwal)
  Judge                                    Judge

        VALSALA
        VASUDEVAN
        2021.12.14
        10:49:23
        +05'30'
      03Cr.A.362/2015


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