Surendra Mahawar vs The State Of Madhya Pradesh
2021 Latest Caselaw 1927 MP

                                    1                           CRA-1496-2020
        The High Court Of Madhya Pradesh
                   CRA-1496-2020
          (SURENDRA MAHAWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

14
Jabalpur, Dated : 08-05-2021
        Through Video Conferencing.
      Shri Ghanshyam Pandey, learned counsel for the applicant.
      Shri    Dinesh    Prasad    Patel,   learned   Panel   Lawyer      for   the
respondent/State.

Heard on I.A. No. 11915/2020 has been filed under Section 389 (1) of

Cr.P.C. on behalf of Avinash S/o Surendra Mahawar, aged about 23 years, who is confined in custody since 27.01.2020.

This application has been preferred against the judgment dated 27.01.2020 passed by III Additional Sessions Judge, Narsinghpur in Sessions Trial No. 97/2014 by which the learned trial Court convicted the appellant for the offence under Sections 420/120B, 409/120B, 407/120B and 182/120 B and awarded four years R.I., five years R.I., five years R.I., six months R.I. with the fine and default stipulations.

It appears from the record that this is the 3rd application on behalf of

the appellant Avinash. First application was dismissed on merits on 24.02.2020 and second was also dismissed on merits on 15.01.2020.

At present other co-accused have been enlarged on bail. It is alleged that the appellant himself lodged the false report which was the base of this case. But it is also appeared that the maximum punishment has been awarded for five years. As per Para -44 of the impugned judgment the appellant remained in custody since 02.02.2014 to 23.07.2014 and thereafter from the date of judgment i.e. 27.01.2020. he is also confined in custody.

Therefore, looking to the aforesaid total custody period and after taking into consideration the fact that the appeal will take sufficient time in final disposal, application is allowed. The remaining part of the jail sentence of the appellant Avinash will be suspended till final decision of this appeal, 2 CRA-1496-2020 subject to his furnishing a bail bond with Rs. 50,000/- (Rupees Fifty Thousand Only) and a personal bond of the same amount to the satisfaction of the trial Court.

After releasing on bail, the appellant shall appear before the Registry of this Court on 13.12.2021 and thereafter on other subsequent dates as may be fixed by the Registry in this behalf.

At the time of releasing from custody, all the instructions issued by the government related to Covid-19 shall also be followed by the concerned authority.

(B. K. SHRIVASTAVA) JUDGE

dixit

Digitally signed by MAHENDRA KUMAR DIXIT Date: 2021.05.08 13:38:17 +05'30'