MP High Court Suspends Life Sentence Of Man Convicted For Murder, Directs Him To Plant & Nurture 10 Saplings

The Madhya Pradesh High Court suspended the life sentence of man convicted in a murder case, after noting that that he had spent over 10 years in custody and two of his co-accused having spent similar time in custody had already been enlarged on bail. 

The court further directed the appellant to plant and nurture 10 fruit bearing/neem or peepal saplings.

The court was hearing a plea by Mahesh Sharma challenging a 2021 trial court order convicting and sentencing him to life in a murder case. He had also filed an application seeking suspension of sentence and grant of bail. The appellant was convicted under Sections 302(murder)/149(unlawful assembly) IPC and sentenced to life imprisonment. 

The counsel for the appellant argued that trial Court erred in convicting and awarding jail sentence to the appellant who had already suffered around 10 years and 08 months' of actual custody as pre and post trial confinement.

He submitted that two co-appellants, who have undergone 10 years & 5 months and 10 years & 8 months jail sentence respectively, have been granted suspension of sentence by the Coordinate Bench on 07.07.2025 and the case of present appellant is more or less similar to that of the two co-accused.

It was argued that the appellant has a good case on merits and final hearing of appeal would take some time. The counsel further said that the appellant "voluntarily undertakes to perform community service to purge his misdeed, if any and to serve National /Environmental/Social cause, and prayed for suspension of sentence and grant of bail till final disposal of this appeal

A division bench of the bench of Justice Anand Pathak and Justice Pushpendra Yadav ordered; 

"Considering the arguments advanced by learned counsel for the parties and the fact that present appellant has already suffered around 10 years and 08 months of incarceration as pre and post trial detention as well as in the light of the aforesaid judgments and in view of the fact that co-accused Bunty @ Rajesh Sharma and Rajesh Katare (supra) have already been enlarged on bail, this Court intends to allow the application for suspension of sentence (I.A. No.19387/2025)". 

The court said that if the appellant furnishes bail bond of Rs.50,000 along with two solvent sureties of the like amount to trial court's satisfaction that he shall appear before the Principal Registrar of the High Court on 24/11/2025 and thereafter, on all other subsequent dates as may be fixed by the Office for appearance, then he shall be released on bail and "execution of jail sentence is suspended till disposal of this appeal", subject to deposit of fine amount.

"It is made clear that this bail by way of suspension of sentence is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause, can be given bail without considering the merits," the court clarified

Thus, the bench directed the appellant to plant 10 saplings (fruit-bearing trees or Neem/Peepal trees). The court specified that the appellant was responsible for nurturing the plants and, therefore, was further directed to submit all photographs of the trees/plants planted before the concerned trial court within 30 days from the date of release.

Additionally, the appellant was directed to submit a copy of the photograph to the trial court every three months until the conclusion of the trial. The bench also directed the appellant to submit the said photographs by "downloading the mobile application (NISARG App) prepared at the instance of High Court for monitoring the plantation through satellite / Geo-Tagging / Geo-fencing etc". 

While passing such directions, the court emphasized:

"This Court has issued these directions as a test case to counter the idea of ​​violence and evil and establish harmony through creation and oneness with nature. At present, there is a need to develop the nature of kindness, service, love and compassion as an essential part of human existence, as these are fundamental instincts of human life and their revival is essential for the survival of human existence. This effort is not just a question of planting a tree but of germinating an idea."

The court further cautioned the appellant that his bail would be withdrawn in case the appellant became a source of 'embarrassment and harassment' to the complainant. With aforementioned directions, the court disposed of the IA. 

Case Title: Subhas Sharma and Others v State of M.P. (Cr.A. No.6089/2021)

For Appellant: Advocate Sushil Goswami

For Respondent: Public Prosecutor B.P.S. Chauhan

Click here to read/download the Order