Anil Mohite vs The State Of Madhya Pradesh
2022 Latest Caselaw 2823 MP

                                     The High Court Of Madhya Pradesh
                                                                 CRA No.5241 of 2018
                                                       (ANIL MOHITE VS. THE STATE OF MADHYA PRADESH)


                                     Jabalpur, Dated: 28.02.2022
                                             Shri Saurabh Tiwari - Advocate for the appellant.

                                             Shri   S.K.   Kashyap      -   Government        Advocate   for   the
                                     respondent/State.

I.A. No.21563 of 2021 - application for taking additional documents on record, is allowed. The documents are taken on record.

I.A.No.5110 of 2021:

This is an application seeking for suspension of sentence and grant of bail.

It is contended that no case has been made out against the appellant. That he has been wrongly convicted. He is already in custody since 19.12.2016. Hence, he is required to be enlarged on bail.

The same is disputed by the learned Government Advocate.

On hearing learned counsels, we are of the considered view that there is no merit in the application.

The dying declaration of the deceased has been recorded. He has clearly narrated the acts committed by the appellant of pouring kerosene and lighting her on fire. The trial Court has therefore rightly considered the said evidence on record. We do not find any ground to interfere with the judgment at this stage. However, these are matters for final hearing of the appeal. So far as grant of bail is concerned, we do not find any cogent reason to enlarge him on bail. Hence, IA No.5110 of 2021 is dismissed.

I.A. No.2867 of 2022:

This application is filed seeking for release of appellant for a Signature Not Verified SAN temporary period of time.

Digitally signed by AMITABH RANJAN Date: 2022.03.03 18:10:02 IST It is submitted that the father of the appellant died on 11.02.2022, therefore, the certain religious rites have to be performed. Hence, he may be released for a limited period of time.

On a specific question being asked, learned counsel for the appellant is unable to state as to when the ceremonies have to be done and for what period it has to be done.

Keeping in mind the overall conditions, we deem it just and necessary to enlarge the appellant - Anil Mohite on temporary bail for a period of 5 days from 07.03.2022 to 11.03.2022 in order to complete the religious formalities pertaining to the death of his father. He shall surrender himself by 12.03.2022. The said release shall be subject to furnishing a bail bond and surety in the sum of Rs. 50,000/- (Rupees Fifty thousand Only) to the satisfaction of the concerned trial Court.

Consequently, I.A.No.2867 of 2022 stands disposed off.

                                      (RAVI MALIMATH)                   (DINESH KUMAR PALIWAL)
                                        CHIEF JUSTICE                           JUDGE

                          b




Signature Not Verified
  SAN




Digitally signed by AMITABH RANJAN
Date: 2022.03.03 18:10:02 IST