Kailash Nath Saper vs State Of Madhya Pradesh

Heard on I.A.No.10664/2020. This is first application on behalf of the appellant under Section 389(1) of Cr.P.C for suspension of sentence and grant

of bail to the appellant.

 The appellant is convicted under section 302 of IPC and sentenced to undergo R.I. for life with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant submits that appellant is in jail since 12.4.2016. He has two small children who are taken care of by appellant's old

parents.

Appellant is the only breadwinner of the family who needs to take care of his small children. Appellant has been falsely implicated. As per prosecution

story appellant assaulted his wife by an axe. However, the ax including wooden part has not been recovered. Dr. Priyamvada (P.W.3), in her

deposition categorically admitted that the injury found on the person of deceased could have been caused because of fall on ""Favda"". The appellant's

defence was that his wife fell down on ""Favda"" because of which she sustained injury. The blood stains were found on the clothes of appellant

because he made all possible efforts to take her injured wife to the hospital.

 The court below has not considered this defence of appellant in proper perspective. The independent seizure witnesses have turned hostile. There is

no reliable eye witnesses to the incident. Final hearing of this appeal will take time and, therefore, remaining jail sentence of the appellant may be

suspended.

Prayer is opposed by Shri Akshay Pawar, P.L.

We have heard counsel for the parties on this aspect.

Considering the argument of the appellant, prima facie it appears that appellant took a plausible defence. Accordingly, without framing any ALWANI

conclusive opinion, without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant.

 I.A is allowed.

 It is directed that appellant Kailash Nath Sapera be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty

Thousand) alongwith one surety in the like amount to the satisfaction of the trial court for his appearance before the trial court on 15.03.2021 and on

such further dates as are given to him by that court in this regard or until otherwise directed by this court in this behalf till final hearing of this appeal.

C.C as per rules.