Deenu Das @ Deendayal Tandiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 7357 MP

                                    1                              CRA-3228-2014
           The High Court Of Madhya Pradesh
                    CRA No. 3228 of 2014
           (DEENU DAS @ DEENDAYAL TANDIYA Vs THE STATE OF MADHYA PRADESH)

25
Jabalpur, Dated : 12-11-2021
      Mr.J.K.Dehariya, learned counsel for the appellant/applicant.
      Ms.Shikha Baghel, learned P.L. for the respondent/State.

This is fifth application u/s 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant/applicant-Deenu Das @ Deendayal Tandiya. Previous applications have been dismissed on merits.

By the impugned judgment dated 30.9.2014 passed by trial Court in Session Trial No.225/2013 the appellant/applicant has been convicted for offence under section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/-.

Learned counsel for the appellant/applicant submitted that impugned judgment of conviction has been passed by learned trial Court without properly appreciating the oral and documentary evidence on record. The applicant is in custody since 27.7.2013 and period of 8 years have elapsed. There is no likelihood of earlier final disposal of instant appeal. Learned

counsel has placed reliance on decisions in the cases of Hussain and another Vs. U.O.I., (2017) 5 SCC 702, Akhtari Bi and State of M.P. , (2007) 4 SCC and Surendra Singh Vs. State of Punjab, (2005) 7 SCC 387 to contend that if appeal is not heard for 5 years, then bail should normally be granted.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and submitted the applicant had caused head injury with a spade.

Considering the over all facts and circumstances of the case and keeping in view the findings of the trial Court in the impugned judgment as well as taking into account the period of custody and the fact that final disposal of this appeal would take considerable time, without commenting on merits of the case, the application for suspension (I.A.No.5306/2021) is 2 CRA-3228-2014 allowed.

It is directed that subject to depositing the fine amount, if not already deposited, and 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, the remaining part of the substantive jail sentence imposed upon appellant-Deenu Das @ Deendayal Tandiya shall

remain suspended during the pendency of this case and he shall be released on bail. Appellant/applicant shall appear before the concerned trial Court on 07.03.2022 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.

List the case for hearing in due course.

                                          (SMT. ANJULI PALO)                      (RAJENDRA KUMAR (VERMA))
                                                JUDGE                                          JUDGE

                                     RM




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Digitally signed by RAJESH MAMTANI
Date: 2021.11.15 19:06:29 IST