Manoj @ Monu vs The State Of Madhya Pradesh
2024 Latest Caselaw 4049 MP

Madhya Pradesh High Court

Manoj @ Monu vs The State Of Madhya Pradesh on 12 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 5033 of 2022
                                        (MANOJ @ MONU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-02-2024
                                 Shri Manish Kumar Gavane - Advocate for the appellant No.1 Manoj

                          @ Monu.
                                 Shri A.N. Gupta- Government Advocate for the respondent- State.

Heard on I.A. No.16674 of 2022, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 -

Manoj @ Monu arising out of judgment dated 01.04.2022 delivered in Special Case No. 206/2017 passed by Special Judge, SC & ST ( Prevention of Atrocities) Act, Chhindwara.

The appellant has been convicted under Sections 323/34 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.500/- and under Section 302/34 IPC read with Section 3(2)(v) of SC & ST ( Prevention of Atrocities) Act sentenced to undergo Life Imprisonment with fine of Rs. 1000/- with default stipulations.

As per prosecution story on 16.08.2017 a sudden quarrel had taken

place between accused persons and the deceased. The deceased was beaten by accused persons by kicks and fists. Sudeep (deceased) tried to run away from the place of incident but he was caught hold of and assaulted by means of stone picked up from the scene of crime.

Learned counsel for the appellant submits that present appellant has no criminal record. The incident had taken place suddenly without there being pre- meditation. Thus, it does not fall within the ambit of 'murder'. The present appellant remained in actual custody for about six and half years. The final

hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of present appellant may be suspended.

Learned G.A. opposed the prayer on the basis of objection. Considering the aforesaid and without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A. No.16674 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that the appellant No.1 Manoj @ Monu be released on bail on his 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 Chhindwara on 22.04.2024 and also on such further 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)                                                  (VIVEK JAIN)
                                JUDGE                                                         JUDGE

                          sarathe