Madhya Pradesh High Court
Mansu Nanda vs The State Of Madhya Pradesh on 15 November, 2022
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 620 of 2022
(MANSU NANDA Vs THE STATE OF MADHYA PRADESH)
Dated : 15-11-2022
Shri K.L. Prajapati, learned counsel for the appellant.
Shri Arvind Singh, learned Govt. Adv. for the respondent/State.
I.A. No.2087/2022 an application for suspension of sentence and grant
of bail filed on behalf of appellant- Mansu Nanda arising out of judgment
dated 20.12.2021 delivered in Special Sessions Case No.200157/2016 by
Special Judge, (SC/ST) P.O.A. Act, District Mandla is taken up.
The appellant has been convicted and sentenced under Section 302/34 of
IPC and directed to undergo RI for Life and fine of Rs.10,000/- with default
stipulation.
By taking this court to the prosecution story, learned counsel for the
appellant submits that allegation against the appellant is that he alongwith co-
accused, Dallu @ Dilip assaulted deceased, Sujeet Markam by means of a lathi
and caused his death. There is no eye witness to the incident. The court below
has convicted the appellant on the basis of certain circumstances which are
reduced in writing in Para-48 of the impugned judgment. It is submitted that the
only circumstance which prevailed for the finding is alleged availability of
human blood on the lathi recovered from the appellant. By taking this court to
the FSL, (Ex.P/33), it is urged that the finding of court below is perverse
because in FSL report, there is no such finding that human blood was found on
the lathi. Apart from this, lathi was recovered on 7.10.2016 through (Ex.P/13)
whereas incident had taken place in the intervening night of 27-28.3.2016. The
chain of circumstances is not complete and closely intervened and tight to draw
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 11/16/2022
12:58:30 PM
a conclusion that appellant had indeed committed such offence. The final
hearing of this appeal will take time. There is no legal evidence on the strength
of which the appellant can be held guilty, hence, the remaining jail sentence of
the appellant may be suspended.
Shri Singh has opposed the prayer for grant of bail on the strength of
objection.
We have heard learned counsel for the parties and perused the record.
We have perused the FSL report and prima facie find substance in the
arguments of appellant's counsel that no human blood was found on the lathi,
whereas the court below in Para-48 (5) (6) of the impugned judgement gave a
finding that human blood was indeed available on the lathi.
Considering the aforesaid and the fact that final hearing of this appeal is
not possible in near future, without expressing any conclusive opinion on merits
of the case, we deem it proper to suspend the remaining jail sentence of the
appellant.
Accordingly is I.A. No.2087/2022 allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellant- Mansu Nanda is hereby suspended
and it is directed that on his furnishing a personal bond for a sum of
Rs.30,000/- (Rs. thirty thousand only) along with surety in the like amount to
the satisfaction of the Trial court, he shall be released on bail with a further
direction to remain present before the trial Court Mandla on 4th May 2023
and on such other dates as fixed by the trial court in this regard during the
pendency of this appeal.
C.C as per rules.
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 11/16/2022
12:58:30 PM
(SUJOY PAUL) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
bks
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 11/16/2022
12:58:30 PM
