Madhya Pradesh High Court
Mahesh vs The State Of Madhya Pradesh on 26 March, 2021
Author: Sheel Nagu
1
The High Court of Madhya Pradesh
Cr.A.No.4342/2018
Mahesh Vs. State of M.P.
Gwalior dated 26.03.2021
Shri Roop Chand Batham, learned counsel for the appellant.
Shri C.P. Singh, learned Panel Lawyer for respondent/State.
Per Justice Pathak J:
IA.No.9736/2020 first application u/Sec. 389(1) Cr.P.C. for
suspension of sentence and grant of bail moved on behalf of appellant -
Mahesh is taken up and considered.
This criminal appeal assails the judgment dated 14-05-2018
passed in S.S.T.No.08/2013 by the Special Judge (Atrocities), Vidisha
(M.P.) whereby appellant has been convicted and sentenced as under
with default stipulation :-
Sections (IPC) Imprisonment Fine
302 Life Imprisonment Rs.2,000/- with
default stipulation
323 Rs.1,000/- with
default stipulation
It is submitted by learned counsel for the appellant that the trial
Court erred in convicting the appellant and awarding jail sentence. It
is further submitted that the trial Court ignored the fact that the
appellant Mahesh caused single blow to the victim and matter
precipitated because of sudden provocation and no element of cold
blooded crime existed in the case in hand. He already suffered
incarceration to the period of almost three years. Thus, prayed for grant
of bail.
Learned counsel for the State opposed the application and prayed
The High Court of Madhya Pradesh
Cr.A.No.4342/2018
for its rejection by contending that on the basis of the allegations and
the material available on record, no case for suspension of sentence is
made out.
Considering the above submissions and that there is no
likelihood of early disposal of the present appeal in the near future due
to ongoing COVID-19 pandemic crises and looking to the period of
custody, without entering into the merits of the matter, this Court is
inclined to grant bail to appellant by way of suspension of sentence.
Accordingly, without expressing any opinion on merits,
IA.No.9736/2020 is allowed and it is directed that the jail sentence of
appellant will remain under suspension subject to verification that the
amount of fine has been deposited, on appellant furnishing bail bond of
Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the
like amount to the satisfaction of concerned Trial Court for his
appearance before the concerned Trial Court on 05.05.2021 and on
such further dates as may be fixed by him which shall be of frequency
not less than once a year.
In case, appellant is found absent on any date fixed by the
concerned Trial Court then the said Trial Court 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.
The learned concerned Trial Court and the prosecution are
The High Court of Madhya Pradesh
Cr.A.No.4342/2018
directed to ensure following of Covid-19 precautionary protocol
prescribed from time to time by the Supreme Court, the Central Govt.
and 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.
The appellant as a Shiksha Swayamsewak shall render physical
and financial assistance to Govt. Primary School situated nearest to his
residence for ensuring hygiene and sanitation and for removing
deficiencies of infrastructural amenities in the said School from the
skill /resources of appellant. (vihykFkhZ ,d f'k{kk Lo;aLksod ds :i esa vius
fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks
lqfuf'pr djus ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djsxk rFkk vius dkS'ky o
lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djsxhA).
The appellant after selecting a particular Govt. Primary School
shall inform about the same to the office of Gram Panchayat (in case of
rural area) and/or Ward Officer of the concerned ward (in case of urban
area), within whose territorial jurisdiction the said school is situated.
(vihykFkhZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa
xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ [email protected];k lEcaf/kr okMZ ds okMZ
vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr
djsxhA).
It will be joint responsibility of Sarpanch and Secretary of said
Gram Panchayat (in case of rural area) and/or Ward Officer of the
concerned ward (in case of urban area) to preserve the said information
The High Court of Madhya Pradesh
Cr.A.No.4342/2018
provided by the appellant. (;g] lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds
ekeys es½a [email protected];k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh
la;qDr ftEesnkjh gksxh fd] vihykFkhZ }kjk iznRr lwpuk dks lajf{kr djssaA ).
The Registry of this court shall communicate this order through
Legal Aid Officer, SALSA, Gwalior to the Collector, District Education
Officer, Block Education Officer of the district/block concerned for
information and compliance.
A copy of this order be supplied to the Legal Aid Officer,
SALSA, Gwalior who is directed to communicate this order to the
District Education Officer, Block Education Officer of the
district/block concerned to verify as to whether appellant has complied
with abovementioned condition or not and submit report once every
month.
In case report regarding abovementioned condition is not filed or
report is found to be wanting in any manner then Registry is directed to
list this matter as PUD before appropriate Bench.
A copy of this order be sent to the Trial Court of the concerned
district for compliance.
C.c. as per rules.
(Sheel Nagu) (Anand Pathak)
Judge Judge
Anil*
JAI Digitally signed by JAI PRAKASH
SOLANKI
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
PRAKASH
COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
st=Madhya Pradesh,
2.5.4.20=287738d30aabaeda9b10cecdf
SOLANKI
179cec865c7633f4cfb9e38ce14fcbb05
b9522a, cn=JAI PRAKASH SOLANKI
Date: 2021.03.27 13:14:47 -07'00'
