Mahesh Kumar Mehra vs The State Of Madhya Pradesh
2023 Latest Caselaw 687 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 953 of 2021
                                   (MAHESH KUMAR MEHRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 11-01-2023
                                Shri Sourabh Bhushan Shrivastava - Advocate for the appellant No.2

                         Smt. Halki Bai.
                                Shri Ajay Shukla - Government Advocate for the respondent-State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A. No.16634 of 2022, an application for suspension of sentence and grant of bail to the appellant No.2 Smt. Halki Bai arising out of judgment dated 22/01/2021 delivered in Special Trial No.333/2015 by III Additional Sessions Judge, Gadarwara, District Narsinghpur (MP).

The appellant No.2 has been convicted under Section 302/34 of the IPC and sentenced to undergo life imprisonment with fine of Rs.1000/-, with default stipulation.

By taking this Court to the prosecutions story, it is submitted that on 17/10/2015 complainant Ramesh Mehra climbed on a 'Munga' tree. Certain

leaves of said tree fell in the courtyard of present appellant because of which she and her husband started abusing the complainant. The altercation resulted with an assault by Mahesh Mehra by means of lathi. As per prosecution story, appellant caught hold of the deceased and Mahesh Mehra assaulted him.

Learned counsel for the appellant submits that this appellant remained in custody for 3-4 months during trial and from 22/01/2021 (date of judgment) she is in custody. She is a married woman having two children. Final hearing of this appeal will take time. Section 34 cannot be attracted in a case of this nature Signature Not Verified Signed by: MANJU Signing time:

1/12/2023 10:36:22 AM

where incident had taken place on spur of moment and without there being any premeditation. Thus, remaining jail sentence of this appellant may be suspended.

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

We have heard the parties at length and perused the record. Considering the fact that appellant No.2 is a woman having two children, we deem it proper to suspend the remaining jail sentence of this appellant. Accordingly, I.A. No.16634 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the

remaining jail sentence of appellant No.2 Halki Bai Mehra is hereby suspended and it is directed that the appellant be released on bail on her furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Gadarwara District Narsinghpur on 17/04/2023 and also 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:
1/12/2023 10:36:22 AM