Kalu vs The State Of Madhya Pradesh
2022 Latest Caselaw 5964 MP

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The High Court of Madhya Pradesh : Bench At Indore

                Criminal Appeal No.517 of 2012
         Kalu S/o Santram v/s The State of Madhya Pradesh
Indore, dated 22.04.2022
        Mohammad Ikram Ansari on behalf of Shri Akhilesh
Kumar Saxena, learned counsel for the appellant.
        Shri Bhaskar Agrawal, learned Government Advocate
for the respondent / State.

Heard on I.A. No.10200/2019, which is an application for recalling the production warrant.

Learned counsel appearing on behalf of the appellant submits that in this appeal, jail sentence of the present appellant has been suspended vide order dated 17.01.2013, and thereafter, he was marking his presence before the Registry of this Court regularly, but due to conviction in other criminal case, he could not mark his presence on 13.12.2019. Against the said judgment of conviction, he preferred an appeal i.e. Criminal Appeal No.2532 of 2019. In the said criminal appeal also, he has been given benefit of suspension of jail sentence vide order dated 15.03.2022. However, the jail authorities are not releasing him from the jail because he has been sent on production warrant issued by this Court on 24.01.2020.

Learned Government Advocate for the respondent / State has not disputed the aforesaid fact.

Since the appellant has been given suspension of jail

sentence in this appeal, therefore, he is not required to remain in jail. He be released from the jail if his custody is not required in these criminal appeals (Cr.A. No.517 of 2012 & 2532 of 2019).

After being released on bail, the appellant is directed to mark his presence before the concerned trial Court on 09.05.2022 in the both the criminal appeals aforesaid, and thereafter, on all subsequent dates as may be fixed by the trial Court in this regard.

I.A. No.10200/2019 stands disposed of to the extent indicated above.

     (VIVEK RUSIA)                          (AMAR NATH (KESHARWANI))
       JUDGE                                        JUDGE
Ravi
Digitally signed by RAVI PRAKASH
Date: 2022.04.22 17:35:13 +05'30'