Manharan vs The State Of Madhya Pradesh
2024 Latest Caselaw 14846 MP

Madhya Pradesh High Court

Manharan vs The State Of Madhya Pradesh on 17 May, 2024

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 1184 of 2016
                                         (MANHARAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-05-2024
                                Smt. Brijesh Kumar Mishra - Advocate for appellant No.1.

                                Shri Vivek Lakhera - Government Advocate for the respondent/State.

Heard o n I.A. No.5263/2024, which is third application filed under Section 389(1) of the Code of Criminal Procedure on behalf of appellant No.1- Manharan for suspension of sentence and grant of bail.

Vide the impugned judgment dated 13.04.2016 passed by the learned II Additional Sessions Judge, Khurai, District Sagar in S.T. No.470/2012, appellant No.1 stood convicted under Section 148 of I.P.C. and sentenced to suffer R.I. for one year with fine of Rs.1,000/- and further convicted under Section 302/149 of I.P.C and sentenced to suffer R.I. for life with fine of Rs.5,000/-, with default stipulations.

Notably, in earlier two applications, one was withdrawn and another one was rejected on merits.

Learned counsel for appellant No.1 sanguinely submits that co-

appellants namely Veetu alias Krishna Pratap Singh and Raju alias Hemant Singh, whose bail applications were rejected by this Court, have been granted bail by the Supreme Court. He further submits that the present appellant and two co-appellants, who have been granted bail by the Supreme Court, were sailing on the same boat as there are similar allegations against them. In addition, he submits that the appellant is rotting in jail for more than 12 years. On these premise, learned counsel implores that the appellant may also be granted bail.

In contrast, albeit, learned counsel for the State opposed the bail

application, but could not differentiate the role of the appellant with the role of co-appellants, who have been enlarged on bail by the Supreme Court nor could he dispute the period of appellant's incarceration.

After mulling over the rival submissions and getting a glimpse of bail order passed by the Supreme Court in favour of above-named co-appellants and also looking to the period of incarceration and remote chance of appeal being heard finally, we are inclined to allow this application.

Ergo, without delving into the merits, I.A. No.5263/2024 is allowed. It is directed that the remaining jail sentence of appellant No.1- Manharan shall remain suspended and he shall be released on bail upon his furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with a surety bond of like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 02.09.2024 and on all such other dates as may be fixed by the Registry in this regard.

Accordingly, I.A. No5263/2024 is disposed of.

List the appeal for final hearing in due course.

Certified copy as per rules.

                             (SANJAY DWIVEDI)                                           (VISHAL DHAGAT)
                                  JUDGE                                                      JUDGE

                          Sudesh