Maanu vs The State Of Madhya Pradesh
2025 Latest Caselaw 4587 MP

Madhya Pradesh High Court

Maanu vs The State Of Madhya Pradesh on 19 February, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                               1                            CRA-2873-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 2873 of 2024
                                                  (MAANU Vs THE STATE OF MADHYA PRADESH )



                           Dated : 19-02-2025
                                 Shri Ashish Gupta - Advocate for the appellant.

                                 Shri Sonal Gupta - Addl. A.G. for respondent/State.

Heard on IA No.1516/2024, which is the first application filed under Section 389(1) of Cr.P.C. on behalf of the appellant-Maanu for grant of bail and suspension of remaining jail sentence.

Vide judgment dated 10.2.2024 passed by the 2nd ASJ Barwani in S.T. No.94/2023, appellant has been convicted for the offence under Sections 302/34 & 201 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.1,000/- and 3 years R.I. with fine of Rs.500/-, respectively, with usual default stipulation.

As per the prosecution story, dead body of 6 years girl was found in the forest area. Initially the co-accused Ila was arrested by the police, whose statement was recorded under Section 27 of the Evidence Act, in which he disclosed the name of the present appellant.

Learned counsel for the appellant has read out the statement of Ila, according to which this appellant at the most supported him in disposal of the dead body, therefore, he is liable to be punished only under Section 201 of IPC and not under Section 302 of IPC. Even otherwise there was no motive and the appellant had assisted co-accused Ila in this crime. Appellant has no criminal record. Hence, it is prayed that the application be allowed

2 CRA-2873-2024 and appellant be released on bail.

Per contra, learned Government Advocate for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

Considering the facts and circumstances of the case and submissions made by learned counsel for both the parties and taking note of the fact that final conclusion of this appeal will take considerable time, we deem it appropriate to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.1516/2024 is allowed and the execution of remaining jail sentence of the appellant-Maanu 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.50,000/- with one solvent surety

of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 22.7.2025 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)                               (GAJENDRA SINGH)
                                         JUDGE                                        JUDGE
                           trilok