Sonu @ Mohd. Ansar vs The State Of Madhya Pradesh
2023 Latest Caselaw 241 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 1939 of 2017
                                         (SONU @ MOHD. ANSAR Vs THE STATE OF MADHYA PRADESH)

                         Dated : 04-01-2023
                               Shri Prasanna Namdeo- Advocate for appellant.

                               Shri Ajay Shukla - Government Advocate for the respondent / State.

Heard on I.A.No.5745 of 2022 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Sonu @ Mohd. Ansaar arising out of judgment dated 09/05/2017 delivered in

S.T.No.173/15 by the learned 13th Additional Sessions Judge, Bhopal.

The appellant has been convicted under Section 307 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.1000/- and under Section 25(1-B) (1) of Arms Act and sentenced to undergo R.I. for one year with fine of Rs.500/-, with default stipulation.

Learned counsel for the appellant at the outset submits that this Court on 30/10/2017 dismissed his previous application on merits. However, thereafter appellant remained in custody for more than five years. By taking this Court to the prosecution story, it is submitted that appellant allegedly assaulted the

deceased by means of a 'Baka'. He was hospitalized but on 15/11/2014, he was discharged from he hospital. He was readmitted in the hospital on 06/12/2014 and died in the hospital during treatment on 02/01/2015. No postmortem was conducted. The Court below in para-21 of the impugned judgment opined that it is doubtful whether deceased succumbed to death because of injuries caused by the appellant. It is submitted that the appellant has already undergone sentence of about 5 years 10 months. Final hearing of this appeal will take time. Thus, remaining jail sentence of the appellant may be suspended. Signature Not Verified Signed by: MANJU Signing time:

1/5/2023 12:26:52 PM

Learned Government Advocate opposed the prayer on the basis of objection.

We have heard the parties at length and perused the record. Considering the factual backdrop and aforesaid stand of the parties, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A.No. 5745 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant is hereby suspended and it is directed that on furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty

Thousand Only) along with one surety in the like amount to the satisfaction of the trial Court, the appellant Sonu @ Mohd. Ansaar be released on bail with a further direction to remain present before the Trial Court, Bhopal on 10/04/2023 and on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                            (SUJOY PAUL)                                (AMAR NATH (KESHARWANI))
                               JUDGE                                             JUDGE

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
1/5/2023 12:26:52 PM