Kundan Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 3341 MP

                                                                     1                                CRA-1748-2010
                                          The High Court Of Madhya Pradesh
                                                     CRA-1748-2010
                                                    (KUNDAN YADAV Vs THE STATE OF MADHYA PRADESH)

                                  6
                                  Jabalpur, Dated : 15-07-2021
                                        Heard through Video Conferencing.
                                        Shri Aseem Dixit, learned counsel for the appellant.
                                        Shri Pradeep Dwivedi, P.L for the respondent / State.

Heard o n IA No.3614/2021, repeat application for suspension of custodial sentence passed against the appellant Kundan Yadav.

This appeal has been preferred against the judgment dated 30.08.2010 passed by VIth Additional Sessions Judge, Sagar (M.P.) in Sessions Trial No.310/2008 whereby learned Judge found appellant guilty for the offence punishable under Section 394 of IPC and sentenced him to undergo RI for 7 years with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submitted that earlier appellant filed I.A.No.14919/2010 for suspension of sentence and grant of bail and Coordinate Bench of this Court vide order dated 04.01.2011 suspended the remaining jail sentence of appellant with a direction to appear before the

Registry of the court but due to some unavoidable circumstances the appellant could not appear on the date fixed by the Registry, therefore, the Court issued arrest warrant against the appellant. In compliance of that warrant, police arrested the appellant on 15.10.2018 and since then appellant is in jail. Hence prayed for suspension of jail sentence and release of appellant on bail since the hearing of the appeal will take time.

Learned counsel for the State opposed the prayer. Looking to the facts and circumstances of the case and the fact that the appellant is in custody since 15.10.2018, so he has learnt a lesson and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the jail sentence Signature Not Verified SAN alone passed against the appellant shall remain suspended during the

Digitally signed by MANOJ KUMAR LALWANI Date: 2021.07.15 17:50:38 IST 2 CRA-1748-2010 pendency of this appeal and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 29/11/2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

MKL

Signature Not Verified SAN

Digitally signed by MANOJ KUMAR LALWANI Date: 2021.07.15 17:50:38 IST