Madhya Pradesh High Court
Mukesh vs The State Of Madhya Pradesh on 18 May, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 888 of 2014
(MUKESH Vs THE STATE OF MADHYA PRADESH)
Dated : 18-05-2023
Shri Ramkrishna Shastri, learned counsel for the appellant.
Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.
Heard on I.A. No.5004/2022, 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-Mukesh.
The trial Court has convicted the appellant under Section 148 of the
I.P.C. and sentenced to undergo 2 year R.I. with fine of Rs.2,000/-, under
section 324 of the IPC and sentenced to undergo 3 years. R.I. with fine of
Rs.3,000/- and under section 302 of the IPC and sentenced to under go Life
Imprisonment with fine of Rs.5,000/- with default stipulation respectively, vide
judgment of conviction and order of sentence dated 12.05.2014 passed by the
Addl. Sessions & Judge, Khachrod, District-Ujjain in S.T. No.75/2012.
As per prosecution case, on 23.09.2011 at around 8 p.m. appellant and
co-accused armed with axe, lathi and Dharia formed unlawful assembly and in
furtherance of the common intention appellant-Mukesh assaulted Suresh and
Subhadra by means of axe and due to the injuries deceased-Subhadra died.
Learned counsel for the appellant submits that the appellant has not
committed any offence. He has falsely been implicated in the case. The
appellant is in custody for more than 12 years. 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.
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 18-05-2023
18:23:33
Learned Govt. Advocate for the respondent/State has opposed the
prayer of the appellant but has not disputed the custody period 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.5004/2022 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-Mukesh 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 17.07.2023, and on
such other dates, as may be fixed by the Registry in this regard, till final
disposal of this appeal.
I.A. No.5005/2022 and I.A. No. 7190/2023 also stands closed.
List for final hearing in due course.
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
V. JUDGE V. JUDGE
ajit
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 18-05-2023
18:23:33
