Mukut @ Mugut vs The State Of Madhya Pradesh
2023 Latest Caselaw 16106 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       CRA No. 1138 of 2018
                                            (MUKUT @ MUGUT Vs THE STATE OF MADHYA PRADESH)

                           Dated : 29-09-2023
                                 Shri Sanjay Kumar Sharma, Advocate appearing on behalf of Shri

                           Mahendra Kumar Sharma, Advocate for the appellant.
                                 Shri Surendra Kumar Gupta, Govt. Advocate for the respondent/State.

Heard on I.A. No.14028/2022, a repeat (fifth) application for suspension of jail sentence filed on behalf of appellant Mukut @ Mugut.

Vide order dated 02.08.2021, this Court has considered all the available grounds for suspension of jail sentence of the appellant and rejected the same b y passing a detailed and speaking order. The order dated 02.08.2021 is reproduced below:-

''Heard on IA No.4852/2021 which is third application filed under section 389 of the Cr.P.C for suspension of execution of jail sentence, whereas his first application was dismissed as withdrawn vide order dated 16/04/2018 and second application was temporarily allowed vide order dated

11/03/2019.

Appellant is convicted for the offence punishable under sections 302 and 201 of IPC and sentenced to undergo life imprisonment with fine of Rs. 5000/- and seven years R.I with fine of Rs. 1000/- respectively.

Learned counsel for the appellant submits that evidence available on record shows that there was grave and sudden provocation by deceased Santosh, due to which, the appellant lost his self-control. He further submits that at the Signature Not Verified Signed by: VARSHA SINGH Signing time: 30-09-2023 11:46:08

most offence under section 304 of IPC would be made out, which is punishable with imprisonment upto ten years R.I or fine or both. Appellant is in jail for more than 5 ½ years. He is permanent resident of District- Dhar. Judgment of the trial Court is contrary to law and facts on record. Under these circumstances, he prays for grant of bail and suspension of execution of jail sentence of the appellant.

Per-contra, learned PL for the respondent/State opposes the application and prays for its rejection.

On consideration of totality of facts and circumstances of the case and keeping in view the nature of offence and

testimony of eye witness Karan (PW-5), which is well supported by MLC and postmortem report of the deceased which has been duly proved by Dr. Sandeep Shrivastava (PW-3), as also the fact that the prosecution has also been successful to establish the evidence of last seen of the deceased with the present appellant, in the considered opinion of this Court, no case is made out for grant of bail and suspension of execution of remaining jail sentence.

Accordingly, I.A. no. 4852/2021 fails and is hereby dismissed."

There is no change in the circumstances so as to take a different view. Accordingly, I.A.No.14028/2022 is rejected. This is an admitted appeal, so list it for final hearing in due course. Certified copy as per rules.

                           (VIVEK RUSIA)                                                 (ANIL VERMA)
                               JUDGE                                                        JUDGE
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 30-09-2023
11:46:08

                           VS




Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 30-09-2023
11:46:08