Ajay Basor vs The State Of Madhya Pradesh
2021 Latest Caselaw 3338 MP

                                     1                              CRA-3895-2019
        The High Court Of Madhya Pradesh
                   CRA-3895-2019
                (AJAY BASOR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

6
Jabalpur, Dated : 15-07-2021
      Heard through Video Conferencing.
      Mr.Sanjeev Tuli, learned counsel for the appellant.
      Ms.Nalini Gurang, learned Panel Lawyer for the respondent/State.

Considered I.A.No.7152/2021, an application under section 389(1) of the Code of Criminal Procedure on behalf of appellant No.1 for suspension

of sentence.

Appellant No.1-Ajay Basore has been convicted by the learned trial Court vide impugned judgment dated 15.4.2019 for offences under sections 307, 323/34, 294 of the Indian Penal Code and sentenced to undergo R.I. for 7 years, 3 months with fine of Rs.500/- and Rs.100/- with default stipulations respectively.

Learned counsel for the appellant/applicant submitted that applicant No.1 is innocent and he has erroneously been convicted by the trial Court without properly appreciating the oral and documentary evidence on record.

The applicant is first offender. The appellant no.1/applicant was on bail during trial and he had never misused such liberty. The applicant has already remained in custody since 04.11.2017 till 27.12.2017 and from the date of impugned judgment i.e. 15.4.2019 till date. Other co-accused persons, namely, appellants No.2 & 3 (Ramu Basor and Rakesh Basor) have already been granted bail by order of this Court 27.6.2019 in I.A.No.8273/2019. The final disposal of instant appeal would take considerable time.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Considering the over all facts and circumstances of the case, the applicant is first offender, he was on bail during trial and disposal of appeal would take considerable time, without commenting on merits, the application 2 CRA-3895-2019 is allowed.

I t is directed that on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon the appellant No.1/applicant -Ajay Basor shall remain suspended during the pendency of this case and he shall be released on bail.

The applicant shall appear before the trial Court concerned on 15.11.2021 and on all such subsequent dates, as may be fixed in this regard.

I.A.No.7152/2021 is allowed.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.07.15 18:07:12 IST