Manoj Singh vs State Of M.P.

Heard on I.A. No.786/2020 for suspension of sentence and grant of bail to the appellant.

This appeal has been preferred against the judgment dated 21/4/2017 passed by II Additional Sessions Judge, Jaura, District Mornea in S.T. No.427/15 whereby the appellant has been convicted under section 302 read with 120B of the IPC and sentenced to undergo life imprisonment with fine of Rs.5000/-, in default to suffer R.I. for 1 year.

Learned counsel for the appellant submits that all the witnesses have turned hostile and the conviction is solely based upon dying declaration (Ex.P/17), but the doctor who has recorded the dying declaration has not been examined. The dying declaration was not read over to the deceased, hence, it was not safe to base conviction thereupon. For this, reliance has been placed on decision in the case of Paparambaka Rosamma & Ors. vs. State of Andhra Pradesh ((1999)7 SCC 695). The appellant is in custody since 4/8/2015 and has already suffered incarceration of more than four and a half years. With the aforesaid submissions, prayer for suspension of sentence is made.

The prayer is opposed by learned Public Prosecutor.

An early hearing of this appeal is not possible. Taking into consideration the facts and circumstances of the case, the I.A. is allowed.

It is, therefore, directed that appellant namely Manoj Singh deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with a solvent surety in the like amount, to the satisfaction of trial Court for his appearance before the Registry of this Court on 7th April, 2020 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

C.C. as per rules.