Manohar vs The State Of Madhya Pradesh
2024 Latest Caselaw 6523 MP

Madhya Pradesh High Court

Manohar vs The State Of Madhya Pradesh on 4 March, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 1279 of 2024
                                                (MANOHAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 04-03-2024
                                 Shri Vishal Patidar, learned counsel for the petitioner.

                                 Shri Kapil Mahant, learned P.L. for the State.


                                 Heard on the question of admission.
                                 2. The criminal appeal is admitted for final hearing.
                                 3. Also, heard on I.A. No.1369/2024, which is first application for

                           suspension of sentence and grant of bail filed under section 389 of the Cr.P.C.
                           on behalf of appellant-Manohar.
                                 4. The trial Court has convicted the appellant under Section 326 of the
                           I.P.C. and sentenced to undergo 2 years R.I. with fine of Rs.1,000/-, with
                           default stipulation, vide judgment of conviction and order of sentence dated
                           13.07.2023 passed by the Sessions Judge, Ratlam, in S.T. No.243/2022.
                                 5. Prosecution story in short is that, on 02.03.2023 at around 7 p.m.
                           appellant cut off middle finger of the hand of complainant-Shyamlal. As per X-
                           ray report, there is partial amputation of the middle finger.

                                 6. Learned counsel for the appellant submits that appellant is innocent
                           and he has falsely been implicated in the case. It is submitted that as alleged
                           appellant has not used any deadly weapon therefore, offence under section 326
                           of the IPC is not made out against him. It is also submitted that appellant has
                           served incarceration of more than 2 months. During trial he was on bail and he
                           never misused the liberty of bail granted to him. 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: 04-03-2024
18:22:48
                                                                 2

                                  7. Learned counsel for the respondent/State has opposed the prayer of

the appellant.

8. I have heard learned counsel for both the parties and perused the record.

9. Looking to the facts and circumstances of the case and coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.1369/2024 is allowed and the jail sentence of the appellant shall remain suspended.

10. It is directed that subject to depositing the fine amount, if already not

deposited, appellant- MANOHAR 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 27.05.2024, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

11. List in due course C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

ajit