Madhya Pradesh High Court
Mahesh vs The State Of Madhya Pradesh on 15 June, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5869 of 2018
(MAHESH Vs THE STATE OF MADHYA PRADESH)
Dated : 15-06-2023
Ms. Sharmila Sharma, learned counsel for the Appellant.
Shri Gaurav Singh Chouhan, learned Dy. G.A. for respondent/State.
Heard on I.A. No.3983/2023, which is first application for suspension
of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf
of appellant- Mahesh.
The trial Court has convicted the appellant under Section 302 read with
section 34 and sentenced to undergo Life Imprisonment with fine of Rs.2,000/-
and Section 307 of the I.P.C. and sentenced to undergo R.I. for 10 years with
fine of Rs. 15,000/- and Section 25 (1)(B) of Arms Act and sentenced to
undergo R.I. for 03 years with fine of Rs. 1,000/-, with default stipulation, vide
judgment of conviction and order of sentence dated 02.05.2018 passed by
Sixth Additional Sessions Judge, District- Ujjain (M.P.) in S.T. No. 464/2014.
As per prosecution case, on 26.12.2010 at 10:30 AM complainant Rajesh
Batham and his brother Prem Batham alongwith Narayan Batham were leaving
the house of Bharat Ghodawat. When Narayan Batham and Prem Batham were
leaving, at that moment accused Mahesh Batham with other co-accused persons
restrained complainants. Present appellant alongwith other co-accused persons
fired gun shots and assaulted the complainants. Due to gun shot injury Prem
Batham died and Narayan Batham suffered grievous injuries.
Learned counsel for the appellant submits that the appellant has not
committed any offence. He has falsely been implicated in the case. Learned
counsel for the appellant further submitted that there is no allegation of firing of
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 6/16/2023
10:21:54 AM
gun-shot injury by the present appellant on the deceased and he has been
convicted under Section 302 with the aid of Section 34 of the I.P.C. The
appellant was in custody since 18.06.2014. Final hearing of this appeal is not
possible in near future therefore, it is prayed that the remaining jail sentence of
the appellant may be suspended and he may be released on bail.
Learned Deputy Govt. Advocate for the respondent/State has opposed
the prayer and prayed for rejection of application for suspension of jail sentence
of the appellant.
We have heard learned counsel for both the parties and perused the
record.
Looking to the facts and circumstances of the case and also considering
the custodial period of the appellant without expressing any opinion on merits
of the case, the application I.A. No.3983/2023 is allowed and jail sentence of
the appellant shall remain suspended.
It is directed that subject to depositing the fine amount, if already not
deposited, appellant- Mahesh, shall be released on bail, on furnishing personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with
solvent surety in the like amount to the satisfaction of trial Court, for his
appearance before the Registry of this Court firstly on 21.08.2023, and on
such other dates, as may be fixed by the Registry in this regard, till final
disposal of this appeal.
In view of the aforesaid, I.A. No.3984/2023 for urgent hearing stands
closed.
List for final hearing in due course.
C.C. as per rules.
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 6/16/2023
10:21:54 AM
(S. A. DHARMADHIKARI) (HIRDESH)
JUDGE JUDGE
Vatan
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 6/16/2023
10:21:54 AM
