Kapil And Anr. vs The State Of Madhya Pradesh
2023 Latest Caselaw 2265 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 1242 of 2012
                                        (KAPIL AND ANR. AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 08-02-2023
                                 Shri Dharmendra Kumar Sharma, learned counsel for the appellants.

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

Heard on I.A. No.11897/2022, which is first application for appellant no.1 Kapil Lashkari and repeat second application for appellant no.2 Sanju Lashkari for suspension of sentence and grant of bail filed under section 389(1)

of the Cr.P.C.

First application of appellant no.2 Sanju Lashkari was dismissed on merits vide order dated 24.01.2017.

The trial Court has convicted the appellants under Section 302 of I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.500/- each, with default stipulation, vide judgment of conviction and order of sentence dated 29.09.2012 passed by the 8th Addl. Sessions Judge, (Fast Track Court), Ujjain in S.T. No.76/2012.

As per prosecution case, on 23.11.2011 at about 12:45 p.m. deceased

Madhu Lashkari was sitting in the house. Appellants Kapil and Sanju entered into the house and set curtains on fire and thereafter, burning curtains were thrown on Madhu Lashkari by the appellants. Due to burn injuries she died on 06.12.2011 during treatment.

Learned counsel for the appellants pressed the application mainly on the ground that the appellants are in custody since more than 11 years. Final hearing of this appeal is not possible in near future. The incident occurred due to sudden provocation and therefore, it is prayed that remaining sentence may be Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 09-02-2023 16:08:08

suspended and the appellants may be released on bail.

Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellants but he has not disputed the custody period of the appellants.

We have heard learned counsel for both the parties and perused the record.

Considering the custody period of the appellants coupled with the fact that final hearing of this appeal is not possible in near future, therefore, without expressing any opinion on merits of the case, the application I.A. No.11897/2022 is allowed and jail sentence of the appellants shall remain

suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellants-Kapil Lashkari and Sanju Lashkari shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with separate sureties in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 14.03.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A. No.15271/2022 for urgent hearing stands closed. List for final hearing in due course.

C.C. as per rules.

                                  (S. A. DHARMADHIKARI)                          (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                          JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 09-02-2023
16:08:08