Mukesh @ Manjra vs The State Of Madhya Pradesh
2021 Latest Caselaw 2223 MP

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               HIGH COURT OF MADHYA PRADESH,
                          BENCH AT INDORE
                          CRA NO.7824/2018
         Mukesh @ Manjra s/o Madav Solanki vs. State of M.P
09.06.2021

: (INDORE):

Shri Nilesh Manore, learned counsel for the appellant. Smt.Vinita Phaye, learned GA for the State.

Heard on IA No.13495/21, an application for urgent hearing through VC.

On due consideration, application is allowed. Heard on IA No.13496/21, a repeat application (fifth) on behalf of the appellant seeking suspension of sentence.

Appellant has filed this appeal against the judgment dated 31.07.2018 passed by 11th ASJ, Indore in Sessions Trial No.882/2015 whereby the learned trial Court has convicted the appellant under section 307 of the IPC and sentenced him to undergo RI for 7 years with fine of Rs.1000/- with further default stipulation.

Learned counsel for the appellant submitted that the trial Court committed an error in appreciating the evidence and convicting the appellant. The father of the appellant died on 30.05.2021 due to road accident and the appellant being the elder son wants to perform the last rites of his father. He is in jail since 2015 and out of 7 years sentence he has already completed 6 years sentence. This appeal is of the year 2018 and there is no likelihood of early hearing of this appeal in near future and by that time this appeal would be rendered infructuous, hence prayed for suspension of sentence and release of appellant on bail.

Learned GA submits that the factum of death of father of the appellant has been verified by the I.O.

Considering the facts and circumstances of the case, the death of father of the appellant, the period of sentence already undergone by the appellant and the fact that this appeal is likely to take time for final hearing, the application is allowed and it is directed that the jail sentence passed against the appellant shall remain suspended and he be

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released on bail upon his depositing the fine amount (if already not deposited) and furnishing personal bond in the sum of Rs.40,000/- (rupees forty thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 25.01.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.

(VIVEK RUSIA) JUDGE Digitally signed by HARI KUMAR C G NAIR Date: 2021.06.09 18:28:13 hk/ +05'30'