Rajesh Nikhar vs The State Of Madhya Pradesh
2022 Latest Caselaw 4675 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2484 of 2014 (RAJESH NIKHAR Vs THE STATE OF MADHYA PRADESH)

Dated : 01-04-2022 Mr. Sanjeev Kumar Singh, learned counsel for the appellant.

Mr. Narendra Chaurasiya, learned Government Advocate for the State. Heard on I.A.No.16818/2021, which is sixth application filed under section 389(1) Cr.P.C. for suspension of sentence and grant of bail to appellant Rajesh Nikhar.

The appellant herein has been tried and convicted for an offence punishable

under section 302 IPC and sentenced to suffer rigorous imprisonment for life and a fine of Rs.5,000/- and, in default of payment of fine, to undergo five months additional rigorous imprisonment. The appellant is undergoing his jail sentence since 22.7.2013 in the aforementioned case.

Learned counsel for the appellant submits that the appellant herein has completed more than eight years of his jail sentence. This fact has not been disputed by the learned counsel for the State.

Under the circumstances, in the light of the judgment rendered by the Supreme Court in Saudan Singh v. The State of U. P. passed in Special Leave

to Appeal (Cri.) No.4633/2021 and as there is no possibility of the present criminal appeal being heard finally in the near future, I.A.No.16818/2021 is allowed. It is directed that the appellant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court.

The jail authorities shall have the appellant checked by the jail doctor to ensure that he is not suffering from the Novel Corona Virus (COVID-19) and if he is, he shall be sent to the nearest hospital designated by the state for treatment. If not, he shall be transported to his place of residence by the jail authorities.

The appeal be listed for final hearing in the week commencing 25.7.2022. Certified copy as per rules.

Signature Not Verified SAN

Digitally signed by PRASHANT SHRIVASTAVA Date: 2022.04.04 13:08:44 IST

(ATUL SREEDHARAN) (PRAKASH CHANDRA GUPTA) JUDGE JUDGE ps

Signature Not Verified SAN

Digitally signed by PRASHANT SHRIVASTAVA Date: 2022.04.04 13:08:44 IST