Madhya Pradesh High Court
Murli @ Mulli @ Mulchand vs The State Of Madhya Pradesh on 12 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2563 of 2022
(MURLI @ MULLI @ MULCHAND Vs THE STATE OF MADHYA PRADESH)
Dated : 12-12-2023
Shri Surendra Rajak - Advocate for appellant.
Shri Manoj Kushwhaha- Panel Lawyer for respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard on IA No. 21147/2023, an application filed under Section 482
of Cr.P.C. for taking additional documents on record.
On due consideration, IA No. 21147/2023 stands allowed and aforesaid
documents are taken on record.
Further heard on I.A. No.7024/2023 this is first application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant-Murli @ Mulli @ Mulchand.
The appellant has been convicted vide judgment dated 24/12/2021 passed
by First Additional Judge to the Court of First Additional Sessions Judge,
Panna in S.T. No. 109/2015 and appellant has been convicted for offence
punishable under Section 307 of IPC and under Sections 25(1-B)(A) and 27 of
Arms Act and sentenced to undergo RI for 10 years, 1 year and 1 year and to
pay fine of Rs.5,000/-, Rs.1,000/- and Rs.1,000/- for each offence respectively
with usual default stipulations.
Learned counsel for the appellant submits that the trial Court has not
properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellant for aforesaid offence. The appellant has
already served more than three years of custodial sentence and learned counsel
for appellant assures that in future the appellant will not indulge himself in any
offence. There are fair chances of success of this appeal and final hearing of
same will take considerable time, therefore, if remaining custodial sentence has
not been suspended, then the appeal filed by appellant may turn infructuous.
Under these circumstances, learned counsel for appellant prays for suspension
of jail sentence and release of the appellant on bail till the final disposal of the
appeal.
On the other hand, learned Panel Lawyer for respondent/State opposed
the application by contending that the appellant is having criminal pasts and
prays for its rejection.
Looking to the aforesaid facts and circumstances of the case coupled
with the assurance given by learned counsel for appellant and according to
listing policy the hearing of this appeal will take time, the application is allowed
and it is directed that the execution of the remaining jail sentence passed against
appellant-Murli @ Mulli @ Mulchand shall remain suspended during the
pendency of this appeal subject to depositing entire fine amount, if already
not deposited and upon his furnishing personal bond in the sum of
Rs.2,00,000/- (Rs. Two Lacs only) with two solvent sureties each in the
like amount of Rs.1,00,000/- (Rupees One Lac) to the satisfaction of the
trial Court for securing his presence before the trial Court on 01/02/2024 and
on such further dates as may be fixed by trial Court it in this regard during the
pendency of this appeal.
It is made clear that after release from the jail, appellant shall not indulge
himself in any offence, failing which this order shall come to an end and trial
Court is at liberty to take appropriate steps for securing presence of appellant
for serving out remain jail sentence.
List the appeal for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
