Mukesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7128 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11863 of 2022 (MUKESH Vs THE STATE OF MADHYA PRADESH)

Dated : 02-05-2023 Shri Shakti Prasad Pandey - Advocate for the appellant.

Mr. Manoj Jha - Panel Lawyer for the State.

Heard on I.A. No.9906 of 2023 - an application for condonation of delay.

The appeal is barred by 91 days. It is stated that the appellant was in

custody and due to paucity of funds and lack of awareness on the part of the family members of the appellant, the appeal could not be filed within time.

For the reasons stated in the application which are supported by an affidavit, this Court finds proper reasons have been assigned and sufficient cause for condonation of delay is made out. Accordingly, I.A. No.9006 of 2023 is allowed, delay in filing the appeal is hereby condoned.

Also heard on I.A. No. 9235 of 2023, which is an application for suspension of sentence and grant of bail filed on behalf of the appellant.

The appellant has been convicted by impugned judgment passed by the

trial Court for offence punishable under Section 304 Part - II of the Indian Penal Code and sentenced to undergo RI for 5 years.

Learned counsel for the appellant has submitted that the trial Court has no t properly appreciated the oral and documentary evidence on record and committed error in convicting the appellant for aforesaid offence. The appellant had given only single blow. The intention of the appellant has not been Signature Not Verified SAN

established. In the medical examination, no fracture has been found. According Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.05.03 18:55:43 IST to MLC report, the death of the deceased was caused by heart attack.

Disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended.

Learned Panel Lawyer has opposed the application I have heard learned counsel for the parties and perused the record. At the time of the incident, the deceased was in a drunken state. The appellant gave only single blow. The deceased had sustained single injury on the right side of the head size 1x1/4x1/4 inches caused by hard and blunt object. The appellant is in custody since 24.03.2021 and final disposal of this appeal would take considerable time. Therefore, without commenting on the merit of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the remaining jail sentence of appellant - Mukesh shall remain suspended and he shall be enlarged on bail. The appellant shall appear before the trial Court concerned on 03.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.05.03 18:55:43 IST