Madhya Pradesh High Court
Mannalal @ Mania vs The State Of Madhya Pradesh on 12 April, 2023
Author: Sushrut Arvind Dharmadhikari
1 Cr.A.No.1610/2014
(Mannalal @ Mania Vs. State of M.P.)
Indore : Dated 12.4.2023
Shri Yashpal Rathore, learned counsel for the appellant.
Shri Bhuwan Gautam, learned Govt.Advocate for the
respondent/State.
___________________________________________________________
Heard on the question of admission.
The appeal is admitted for hearing.
Also heard on I.A.Nos.8898/2022, first application for suspension
of sentence and grant of bail filed on behalf of appellant Mannalal.
The trial Court has convicted the appellant under Section 302 of
IPC and sentenced to undergo Life Imprisonment with fine of Rs.2,000/-
with default stipulation, vide judgment of conviction and order of sentence
dated 21.8.2014 passed by Addl.Sessions Judge, Barwah, District
Khargone in S.T.No.9/2013.
As per prosecution case, on 25.10.2012 at about 7.00 PM to 8.00
PM on some petty issue appellant assaulted deceased Ganesh by means of
Pirana in the agricultural field of complainant. Thereafter, Ganesh came to
the village and slept on the bullock cart, where he found dead due to
injuries.
Learned counsel for the appellant submits that the prosecution case
is based on extra judicial confession and circumstantial evidence. There is
no eye witness of the incident. There was a sudden quarrel between the
parties and appellant has given only single blow to the deceased. The
appellant has not committed any offence and he has falsely been
implicated in the matter. He is in custody since 26.10.2012. Final hearing
of this appeal is not possible in near future. In view of aforesaid, learned
(Mannalal @ Mania Vs. State of M.P.)
counsel for the appellant prays for suspension of the remaining jail
sentence and grant of bail to the appellant.
Learned counsel appearing for the respondent/State has opposed the
prayer of the appellant and prayed for rejection of the application.
We have heard learned counsel for the parties and perused the
record.
Looking to the facts and circumstances of the case also considering
the evidence available on record and the fact that there is no likelihood of
hearing of appeal in near future, but without expressing any opinion on
merits of the case, the application I.A.No.8898/2022 is allowed and jail
sentence of the appellant shall remain suspended.
It is directed that subject to depositing the fine amount, if already
not deposited, he shall be released on bail, on furnishing personal bond in
the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with
solvent surety in the like amount to the satisfaction of trial Court, for his
appearance before the Registry of this Court firstly on 12.6.2023, and on
such other dates, as may be fixed by the Registry in this regard, till final
disposal of this appeal.
I.A.No.8898/2022 is allowed.
List for final hearing in due course.
C.C. as per rules.
(S.A.Dharmadhikari) (Prakash Chandra Gupta)
Judge Judge
Patil
Digitally signed by SHAILESH PATIL
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH INDORE, ou=HIGH COURT OF MADHYA
PRADESH BENCH INDORE,
2.5.4.20=837fe9c27fdece0f7f4ec7150827760f68be
ff4d709b9f59439e1d51ace79637,
postalCode=452001, st=Madhya Pradesh,
serialNumber=3E01C00D600649CCA41365593337
DEF53CC3D6A3E63493017489D6D6B6975E7F,
cn=SHAILESH PATIL
Date: 2023.04.12 17:27:09 +05'30'
