Gopal vs The State Of Madhya Pradesh
2022 Latest Caselaw 10378 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                            AT INDORE
                             BEFORE
                HON'BLE SHRI JUSTICE VIVEK RUSIA
                                      &
       HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                         ON THE 1st August, 2022

                     CRIMINAL APPEAL No.590/2012

             (GOPAL Vs. STATE OF MADHYA PRADESH)
      Shri Devdeep Singh, learned counsel for the appellant.
      Shri    Bhaskar    Agrawal,      learned      Govt.Advocate   for   the
respondent/State.

The appellant Gopal and coaccused Maya have been convicted and sentenced vide judgment dated 27.04.2012 in Session Trial No.223/2010 passed by Sessions Judge, District Dhar as below:-

   Conviction                                  Sentence
Section Act         Imprisonment           Fine    deposited Imprisonment
                                           details           in lieu of Fine
302/34 IPC      Life Imprisonment        Rs.1000/-         3 Month R.I

Heard on I.A. No.9530/2022 which is third application for suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf of sole appellant- Gopal mainly on account of completion of 12 years of jail sentence.

Earlier first application for suspension of sentence was dismissed as withdrawn on 07.01.2015 and the second application for temporary suspension on account of death of father of the appellant was allowed on 24.01.2019.

Learned counsel for the appellant submits that the main allegation is against co-accussed Mayabai for causing murder of her husband- Kailash (deceased) and according to the prosecution story co-accused Maya had an

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affair with the present appellant but the police has failed to establish the presence of the appellant on the spot at the time of incidence is also doubtful. Hence, prays for suspension of jail sentence of the appellant-Gopal.

Learned Govt. Advocate for the respondent/State opposes the prayer for suspension of jail sentence of appellant.

Considering the facts and circumstances, period of custody and that the appeal is of 2012 and could not be heard finally because of long list of final hearing cases and that there is no likelihood of final hearing of this criminal appeal in near future and by that the appellant will complete more than 13 years of jail sentence, without commenting on the merits of the case the application for suspension of sentence I.A. No.9530/2022 is allowed. Execution of jail sentence of the Appellant Gopal is hereby suspended and it is ordered that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant shall mark her presence before the Registry of this Court on 05/12/2022 and on all such subsequent and on all such subsequent dates, which are fixed in this regard by the Registry.

Record of the Court below is requisitioned.

       (VIVEK RUSIA )                     (AMAR NATH (KESHARWANI))
          JUDGE                                 JUDGE


        Digitally signed by
das



        REENA PARTHO
        SARKAR
        Date: 2022.08.01
        18:48:59 +05'30'