IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 897 of 2022 (MASUN @ MAKSUN THAKRE Vs THE STATE OF MADHYA PRADESH )

Dated : 15-10-2025 Smt. Saroj Dehariya - Advocate for the appellant.

Shri Arvind Singh - Public Prosecutor for the respondent/State.

Heard on I.A. No.14869/2025, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Masun @ Maksun Thakre.

This appeal has been preferred against the judgment of conviction and sentence dated 25/09/2021 passed by the Additional Sessions Judge Baihar, District Balaghat (M.P.) in Sessions Trial No. 26/2018, whereby the appellant has been convicted and sentenced as under:

Conviction U/s. Imprisonment Fine Imprisonment in lieu of fine

302 of IPC Life Imprisonment Rs.300/- R.I. for 5 years Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. There were four injuries caused on the person of the deceased. The cause of death is injury in the spleen. The age of the deceased was 68 years at the time of the incident and there is a probability that at this stage, the spleen is enlarged and by mere small blow, it can be ruptured. This is a case of sudden provocation. This appeal is of the year 2022 and conclusion 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 for suspension of sentence and supported the impugned judgment of conviction and sentence passed by the trial Court.

Taking these facts into consideration and on a perusal of statement of wife of the deceased who has also not denied the fact that there was scuffle between the deceased and the appellant and in that scuffle, the deceased sustained injuries which has resulted into his death, 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.14869/2025 is allowed.

It is directed that subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and he be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) 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 02/02/2026 and on such other dates, as may be fixed by the Registry in this regard during pendency of this appeal.

List the matter for final hearing in due course.

(VIVEK KUMAR SINGH) (AJAY KUMAR NIRANKARI)

JUDGE JUDGE vy