Rambabu @ Kheru vs The State Of Madhya Pradesh
2021 Latest Caselaw 510 MP

HIGH COURT OF MADHYA PRADESH Cr.A.No.300/2020 (Rambabu alias Kheru Vs. The State of M.P.)

Gwalior, Dated : 04.03.2021

Shri Rinkesh Goyal, learned counsel for the appellant.

Shri A.K.Nirankari, learned Govt. Advocate for the State.

Heard on I.A.No.5552/2021, first application under Section 389

(1) of Cr.P.C. for suspension of jail sentence and grant of bail filed on

behalf of the appellant.

Learned counsel for the appellant submits that this Criminal

appeal assails the judgment dated 21.01.2019 passed in Session Case

No.12/2017 by the Court of the Additional Session Judge, Vijaypur,

Sheopur (M.P.), whereby the appellant has been convicted u/S. 307 of

IPC and sentenced to undergo seven years R.I. with fine of Rs.3000/-

with default stipulation. The fine amount has already been deposited by

him. He submits that he has already remained under custody for a

period of nine months during the trial and thereafter, from the date of

judgment, the appellant is in custody. Approximately, three years

custody period is already undergone by the appellant out of total seven

years' conviction.

Learned Govt. Advocate for the State has opposed the prayer and

prayed for rejection of the same.

Considering the custody period of the appellant, I.A.No.

5552/2021 is allowed and it is directed that the jail sentence of the

appellant will remain under suspension on verification of the fact that

HIGH COURT OF MADHYA PRADESH Cr.A.No.300/2020 (Rambabu alias Kheru Vs. The State of M.P.)

whether the fine amount has been deposited or not, on the appellant's

furnishing bail bond of Rs.50,000/- (Rs. Fifty Thousand Only) with

two solvent surety of like amount to the satisfaction of the concerned

trial Court, for appearance of the appellant before the Principal

Registrar of this Registry on 31.08.2021 and thereafter, subsequent

dates as may be fixed by the Registry from time to time till disposal of

the appeal.

E-copy/Certified copy as per rules/directions.

                                                 (Vishal Mishra)
AK/-                                                 Judge

         ANAND KUMAR
         2021.03.04
         16:58:16 +05'30'