Golu @ Harishankar vs The State Of Madhya Pradesh
2024 Latest Caselaw 14840 MP

Madhya Pradesh High Court

Golu @ Harishankar vs The State Of Madhya Pradesh on 17 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                           CRA No. 6292 of 2019
               (GOLU @ HARISHANKAR Vs THE STATE OF MADHYA PRADESH)

Dated : 17-05-2024
      Shri G.M.Soni - Advocate for the appellant.

      Shri Sushant Tiwari - Public Prosecutor for respondent/State.

1. Heard o n I.A. No. 8028 of 2023, which is third repeat application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of sole appellant Golu @ Harishankar.

2. Appellant stands convicted under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/- and additional six months' R.I. in default of payment of fine vide judgment o f conviction and order of sentence dated 25.01.2019 passed by the First Additional Sessions Judge, Sironj, District Vidisha in Sessions Trial No.54/2016.

3. The allegation against the present appellant in short is that he on 19.11.2015 between 7.55 AM to 8.00 AM he committed murder of Krantibai by assaulting on her neck with dagger. Earlier Dehati Nalishi was registered and thereafter offence at Crime No.140/2015 was registered. After investigation,

challan was filed. Trial Court on appreciation of evidence placed on record, convicted and sentenced the present appellant as mentioned above.

4. Learned counsel for the appellant submits that the appellant has completed more than nine years' jail sentence. Learned counsel placing reliance on the observations made by the Apex Court in the case of Saudan Singh Vs. State of Uttar Pradesh reported in 2021 SCC OnLine SC 3259 submits that the Apex Court has directed the High Court to grant suspension of sentence to those convicts who have completed eight years actual jail sentence

and not involved in any heinous nature of crime. This appeal is of the year 2019 and there is no possibility of early hearing of these appeal in near future, hence, prays for suspension of sentence and grant of bail to the appellant on the ground of period of custody.

5. Learned Govt. Advocate opposes the applications for suspension of sentence and prays for its rejection.

6 . Considering the over all facts and circumstances of the case but without commenting on the merits of the case, we deem it proper to suspend the remaining jail sentence of present appellant.

7. Accordingly, I.A.No. 8028 of 2023 is allowed and the execution of

remaining jail sentence o f appellant - Golu @ Harishankar is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 23.09.2024 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

C.C. as per rules.

            (VIVEK RUSIA)                                  (MILIND RAMESH PHADKE)
                JUDGE                                               JUDGE
       SP

SANJEEV
KUMAR PHANSE
2024.05.17
19:18:41 +05'30'