Suresh @ Khanna Kol vs The State Of Madhya Pradesh
2022 Latest Caselaw 5131 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                              CRA No. 2214 of 2016
                  (SURESH @ KHANNA KOL Vs THE STATE OF MADHYA PRADESH)

Dated : 08-04-2022
        Shri Neeraj Ashar, learned counsel for the appellant.

        Shri A.D. Bajpai, learned Government Advocate for the respondent/State.

I. A. No.20387/2021, second repeat application u/S.389 of Cr.P.C. for suspension of sentence moved on behalf of appellant-Suresh @ Khanna Kol, is taken up and considered along with reply of the State.

This criminal appeal assails the judgment dated 18.07.2016 passed in S.T.

No.357/2012 by fourth Additional Sessions Judge, Satna (M.P.), whereby appellant has been convicted under Section 302 of IPC and sentenced to undergo L if e Imprisonment with fine of Rs.2,000/- with default stipulations. Earlier application of the appellant had been dismissed as withdrawn vide order dated 24/10/2018.

The allegation against the present appellant is of committing murder of his wife.

Learned counsel for the appellant submits that its a case of no eye witness. There was no intention on the part of the appellant to commit murder and the

incident took place in the heat of passion and since there was no intention, appellant could not have been convicted. Learned counsel for the appellant further submits that the appellant has suffered about 9 years and 6 months of incarceration, therefore, prayer is made to suspend the jail sentence of the appellant.

Learned counsel for the State opposed the application and prayed for its rejection by contending that the Court below convicted the appellant inasmuch as he was trying to escape from the place of incident. Sudha Singh Parihar (PW-8) saw him running from the place of occurrence just after the incident took place and thus since deceased and appellant herein being husband and wife was residing in the same house,no further evidence was needed.

We have heard learned counsel for rival parties and on perusal of record while taking into consideration that the incident took place on account of sudden

heat of passion so also there is no eye witness and the appellant is under custody for about 9 years and 6 months, and there is no possibility of disposal of this appeal in near future, without entering into the merits of the matter, we are inclined to grant bail to appellant by way of suspension of sentence. Hence, I.A.

No.20387/2021 is allowed.

It is directed that jail sentence of appellant-Suresh @ Khanna Kol will remain under suspension subject to deposit of fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of Trial Court for his appearance before concerned CJM on 13.05.2022 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

Astha




   Digitally signed by ASTHA SEN
   Date: 2022.04.13 18:31:08
   +05'30'