Mansoor And 2 Ors. vs The State Of Madhya Pradesh
2022 Latest Caselaw 17017 MP

                                                            1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     CRA No. 112 of 2013
                                   (MANSOOR AND 2 ORS. AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                      Dated : 21-12-2022
                               Shri Rahul Sharma, learned counsel for the appellant No.1.

                               Shri Mukesh Kumawat, learned Govt. Advocate for the respondent/

State.

Heard on I.A. No.13598/2022, which is repeat (fourth) application for suspension of jail sentence filed on behalf of appellant No.1- Mansoor s/o

Mangu Kha who has completed more .

The first application for temporary suspension of jail sentence was allowed vide order dated 08.10.2015, second application for suspension of jail sentence was dismissed as withdrawn vide order dated 25.11.2016 whereas third application for suspension of jail sentence was dismissed as withdrawn vide order dated 07.04.2017.

This appeal has been filed against the judgment dated 26.12.2012 passed by Ist Additional Sessions Judge, Dewas in Sessions Trial No.13/2012 whereby the trial Court has convicted the appellant No.1 under Sections 302 and 307/34

of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- and R.I. for seven years with fine of Rs.3,000/- respectively with further default stipulations.

Learned counsel for the appellant No.1 submits that co-accused Nawab Kha has been granted benefit of suspension of jail sentence and co-accused Mangu Kha has passed away during the pendency of the appeal. He further Signature SAN Not Verified submits that the appellant No.1 is in jail for more than 11 years. The appeal is of Digitally signed by JAGDISHAN AIYER the year 2013 and has not come up for hearing since last nine years. There is no Date: 2022.12.22 17:13:48 IST

likelihood of final hearing of the trial in near future.

Even otherwise, the appellant eloped with the daughter of the deceased and when he returned after marriage, he was attacked by the deceased and others. Two cross FIRs were registered and the appellant also sustained injuries in the free fight. The offence has been occurd in sudden provocation or under right of defence. There is possibility of alteration under Section 302 of IPC to Section 304(Part-I) of I.P.C. at the time of final hearing of the Criminal Appeal. Hence, he prays for suspension of remaining jail sentence of appellant No.1- Mansoor s/o Mangu Kha.

Government Advocate opposes the prayer made by the appellant and

prays for its rejection.

Considering the facts and circumstances of the case and the fact that the final hearing of this appeal will likely to take time, the application is allowed. It is directed that jail sentence passed against the appellant No.1- Mansoor s/o Mangu Kha shall remain suspended during the pendency of this appeal and he be released on bail upon his depositing the fine amount and on furnishing the personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 10.04.2023 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Certified copy as per rules.

  (VIVEK RUSIA)                                    (AMAR NATH (KESHARWANI))
       JUDGE                                                JUDGE
Aastha