Madhya Pradesh High Court
Mansharam vs The State Of Madhya Pradesh on 15 May, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6375 of 2023
(MANSHARAM Vs THE STATE OF MADHYA PRADESH)
Dated : 15-05-2024
Shri S.K.Tiwari, learned counsel for the appellant.
Dr. Anjali Gyanani, learned Public Prosecutor for respondent/State.
Shri Manish Saxena, learned counsel for complainant.
Heard on I.A. No. 1241 of 2024 which is first application filed on behalf
o f appellant No.1- Mansharam filed under Section 389 of Cr.P.C. for
suspension of sentence.
The present appellant stands convicted for the offence punishable under
Section 302/34 of IPC and sentenced to undergo Life Imprisonment with fine of
Rs.2,000/- with default stipulations vide impugned judgment 20.04.2023 passed
by Additional Sessions Judge Raghogarh, District Guna in S.T. No.12/2017.
As per prosecution story, the deceased was digging the hole on
agriculture field. These four appellants wielded lathi came there and objected
him from doing so. Thereafter, Uday Singh gave a blow by means of stick on
the head of Dinesh and Lakhan gave a blow on his forehead and Lalaram also
caused injury on the hand. Thereafter, Mansharam also assaulted by means of
lathi to Dinesh due to which he sustained injury on his right hand. Initially, FIR
was registered only under Sections 323, 294, 506/34 of IPC. Thereafter,
deceased Dinesh died on the next day then Section 302 of IPC was added.
However, all the appellants have been convicted and sentenced for Section 302
with the add of Section 34 of IPC.
Learned counsel for the appellant submits that appellant has only caused
injury on a non-vital part of the body which is simple in nature. The dispute
suddenly occurred. All family members have been involved in this case. The
appellant was on bail during the trial and he did not misuse the liberty so granted
to him. The appeal is of the year 2023 and final hearing would likely to take long
time, hence, remaining sentence of the appellant be suspended.
Learned Public Prosecutor for the respondent and counsel for the
complainant opposed the prayer and prayed for its rejection.
Considering the overall facts and circumstances of the case and also
taking note of the fact that appellant has suffered one year four months of
incarceration. The appeal is of the year 2023 and conclusion of the appeal will
still take sufficient long time, we deem it proper to suspend the remaining
custodial sentence of the appellant no.1-Mansharam. Accordingly, I.A. No.1241
of 2024 stands allowed. The execution of remaining jail sentence of the
appellant no.1-Mansharam is hereby suspended and it is ordered that the
appellant be released on bail upon his furnishing a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the like
amount to the satisfaction of the trial Court and subject to depositing the fine
amount (if not already deposited) with a further direction to appear before the
Registry of this Court on 13-08-2024 and also on such other dates, as may be
fixed by the Registry of this Court in this regard during the pendency of this
appeal.
I.A. stands disposed of.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
Ashish*
