Akash vs The State Of Madhya Pradesh
2023 Latest Caselaw 6686 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                             CRA No. 1049 of 2015
                       (AKASH Vs THE STATE OF MADHYA PRADESH)

Dated : 25-04-2023
      Shri Santosh Kumar Meena, learned counsel for the appellant.

      Shri K.K. Tiwari, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.5481/2023, which is fourth application filed under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant - Akash S/o Ramchandra Donawat. First application was rejected

by order dated 02.08.2017 and second application was dismissed as withdrawn vide order dated and 15.06.2021. Third application for temporary bail was allowed vide order dated 10.04.2023.

This criminal appeal is directed against the judgment dated 28.07.2015 passed in S.T.No. 511/2014 by the 11th Additional Sessions Judge, District Ujjain, whereby the appellant - Akash has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/- and in default to undergo additional six months' rigorous imprisonment.

As per prosecution case, on 28.05.2014, at about 1:00 p.m., the appellant

assaulted the deceased by means of darati(hasiya). The deceased sustained injury on his throat and due to the said injury, he died.

Learned counsel for the appellant submits that appellant is insane or of unsound mind. The appellant had no motive to kill the deceased. The appellant is in jail as on date and he has been wrongly convicted. The learned trial Court has erred in appreciating the evidence on record. The appellant has already suffered incarceration of more than eight years. Fine amount has already been deposited by him. An early hearing of this appeal is not possible in the near

future. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

O n the other hand, learned Govt. Advocate appearing on behalf of the respondent/State opposes the aforesaid application and submitted that there are eye-witnesses in the case and the appellant has committed murder of the deceased. Moreso, period of incarceration is also less. Therefore, application for suspension of sentence deserves to be dismissed We have heard learned counsel for the parties and perused the record. Considering the material available on record, coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any

opinion on the merits of the case, it is the fit case to suspend the remaining jail sentence of appellant - Akash S/o Ramchandra Donawat. this Court is inclined to extend the benefit of bail to the appellant. I.A. stands allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with a solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 13.06.2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

List this matter for final hearing in due course.

Certified copy as per rules.

             (S. A. DHARMADHIKARI)                                         (PRANAY VERMA)
                      JUDGE                                                    JUDGE

        sh
SEHAR HASEEN
2023.04.26
18:41:10 +05'30'