Mahesh Kumar Rai vs The State Of Madhya Pradesh
2025 Latest Caselaw 6331 MP

Madhya Pradesh High Court

Mahesh Kumar Rai vs The State Of Madhya Pradesh on 20 August, 2025

                                                               1                                  CRA-4720-2021
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                          CRA No. 4720 of 2021
                                            (MAHESH KUMAR RAI Vs THE STATE OF MADHYA PRADESH )



                           Dated : 20-08-2025
                                 Shri Makbool Khan - Advocate for the appellant.
                                 Shri Amit Pandey - Public Prosecutor for the respondent/State.

Learned counsel for the appellant submits that I.A.No.28745/2024 was filed for seeking temporary bail but that application has now become infructuous.

On the basis of his submission, I.A. No.28745/2024 is dismissed as having

being rendered infructuous.

Heard on I.A.No.6387/2025 which is third application under Section 430(1) of BNSS, 2023 for suspension of sentence and grant of bail to appellant Mahesh Kumar Rai S/o Shri Shobharam.

This appeal has been preferred against the judgment dated 02/08/2021 passed

by the learned IInd Additional Sessions Judge, District Narsinghpur (M.P.) in S.T. No.272/2015, whereby the appellant has been convicted and sentenced as under:

Imprisonment in lieu Conviction U/s. Imprisonment Fine of fine 302 of IPC R.I. for life Rs.3000/- Six months R.I. 506B of IPC R.I. for six months Rs. 1000/- One month R.I. Learned counsel for the appellant submits that age of the appellant as on date is 70 years. There was a single injury caused by stone. The appellant and the deceased are real brothers and the appellant is elder brother of the deceased residing at the same place. There is no previous criminal history of the appellant and considering the case of the defence as well as the prosecution, it seems that it was a case of sudden provocation. This appeal is of the year 2021 and conclusion

2 CRA-4720-2021 of appeal will take time. The appellant is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be allowed.

Learned Public Prosecutor, on the other hand, has opposed the application and supported the impugned judgment of conviction and sentence passed by the trial court.

Keeping in view the facts and circumstances of the case, we are of the opinion that the application for suspension of sentence and grant of bail to the appellant can be considered.

Accordingly, without commenting on the merits of the case, I.A. No.6387/2025 is allowed.

It is directed that the remaining jail sentence awarded to the appellant shall

remain suspended and he be released on bail subject to his depositing the amount of fine, if not already deposited, and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the Registry of this Court on 27.11.2025 and on such other dates as may be fixed in this regard.

I.A.No.6387/2025 stands allowed and disposed of. List the matter for final hearing in due course.

                                 (VIVEK KUMAR SINGH)                               (AJAY KUMAR NIRANKARI)
                                        JUDGE                                              JUDGE
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