Madhya Pradesh High Court
Mahendra Sahu vs The State Of Madhya Pradesh on 16 May, 2024
Author: Sheel Nagu
Bench: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1876 of 2014
(MAHENDRA SAHU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 16-05-2024
Shri Surendra Verma - Advocate for appellants.
Shri Amit Kumar Sharma - Government Advocate for respondent/State.
I A . No.9453/2024, repeat (second) application u/S.389 Cr.P.C. for
suspension of sentence moved on behalf of appellant No.1- Mahendra Sahu
after rejection of earlier ones on 17.07.2023, is taken up and considered along
with objection of the State.
This criminal appeal assails the judgment dated 26.05.2014 passed in
S.T. No.323/2013 by First Additional Sessions Judge, Khurai, District- Sagar
(M.P.) whereby appellant No.1 has been convicted u/S 302 & 498-A r/w
Section 34 of IPC and sentenced to undergo life imprisonment with fine of
Rs.2,000/- and rigorous imprisonment for two years with fine of Rs.1,000/- with
default stipulations, respectively.
Learned counsel for the State opposed the application and prayed for its
rejection by contending that on the basis of the allegations and the material
available on record, no case for suspension of sentence is made out.
Prosecution story found to be proved in short is that appellant No.1 has
been convicted for offence of demand of dowry as well as murder of his wife
Preeti and sentenced to undergo above stated imprisonments.
The sole ground raised in this appeal is that appellant No.1 has suffered
11 years and one month of custody period which has been verified by State
counsel.
Considering the aforesaid and the fact that appellant has suffered 11
years and one month of incarceration as against life sentence imposed and in
absence of criminal antecedents, without entering into the merits of the matter,
this Court is inclined to grant bail to appellant by way of suspension of
sentence. Hence, IA No.16851/2023 is allowed.
It is directed that jail sentence of appellant- Ramsevak @ Bablu Fouji
shall remain suspended subject to deposit of fine amount, if not already
deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty
Thousand Only) with two solvent sureties each of Rs.25000/- (Rupees
Twenty Five Thousand Only) to the satisfaction of concerned available
Magistrate for his appearance before concerned available Magistrate on
27.05.2024 and on such further dates as may be fixed in this regard which shall
be of frequency not less than once a year.
In case, appellant is found absent on any date fixed by the concerned
available Magistrate, then concerned available Magistrate shall be free to issue
and execute warrant of arrest for securing his presence without first referring the
matter to this Court, provided the Registry of this Court is kept informed.
A copy of this order be sent to the Trial Court concerned for
compliance.
C.C. as per rules.
(SHEEL NAGU) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
YS
