Shambhu @ Sammo vs The State Of Madhya Pradesh
2022 Latest Caselaw 5256 MP

                                                                           1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                   CRA No. 7242 of 2021
                                                        (SHAMBHU @ SAMMO Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 11-04-2022
                                           Shri Prakash Gupta, learned counsel for the appellant.

                                           Shri Teekaram Kurmi, learned Panel Lawyer for the respondent/State.

Heard on IA No. 2481/2022, an application under Section 389(2) of Cr.P.C. for suspension of sentence and grant of bail to appellant Shambhu @ Sammo.

T he appellant has been convicted under Section 304 of the I.P.C. and

sentenced to undergo R.I. for 10 years and fine of Rs.2,000/- with default stipulation and under Section 323 of IPC and sentenced to undergo RI for six months.

Learned counsel for the appellant submits that appellant has already suffered more than half of sentence as he is in jail for last five years and eight months.

Learned Panel Lawyer has fairly admitted that appellant has already suffered more than five years of jail sentence out of 10 years sentence awarded to him by learned trial Court.

Learned counsel for the appellant has placed reliance on the judgment of the

Apex Court reported in (1994) 6 SCC 731 (Supreme Court Legal Aid Committee Representing Undertrial Prisoners vs. Union of India and others) and affirmed in Civil Appeal No.1640 of 2010 (Thana Singh vs. Central Bureau of Narcotics) decided on 30.08.2010.

As appellant has already suffered more than half of the jail sentence, in view of the law laid down by the Hon'ble Apex Court in the aforementioned judgment, I am inclined to release the appellant on bail.

Consequently, IA No.2481/2022 is allowed. The execution of jail sentence o f appellant Shambhu @ Sammo is hereby suspended and it is directed that upon payment of fine amount, if not already deposited, the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Signature Not Verified SAN thousand only) with two solvent sureties of the like amount to the satisfaction of the trial court with a further direction to appear before the Registry of this Court Digitally signed by AMITABH RANJAN Date: 2022.04.12 18:37:43 IST

on 13.09.2022 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

Accordingly, I.A. No.2481/2022 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

Amitabh

Signature Not Verified SAN

Digitally signed by AMITABH RANJAN Date: 2022.04.12 18:37:43 IST