Citation : 2022 Latest Caselaw 15986 MP
Judgement Date : 2 December, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7321 of 2022
(SURENDRA KOL Vs THE STATE OF MADHYA PRADESH)
Dated : 02-12-2022
Shri T.P.Choudhary - Advocate for the appellant.
Shri Manhar Dixit - Panel Lawyer for respondent/State.
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Heard on admission.
This appeal is admitted for final hearing. Also heard on I.A. No.22333//2022 for suspension of remaining jail
sentence and grant of bail to appellant-Surendra Kol arising out of judgment dated 12/05/2022 passed in S.T.No.35/2019 by the VIII Additional Sessions Judge, Special Court (Electricity Act), Jabalpur.
The appellant has been convicted under Section 328/34 of the IPC and sentenced to undergo R.I. for five years with fine of Rs.1000/- and under Section 379 of the IPC and sentenced to undergo R.I. for two years with fine of Rs.500/-, with default stipulation.
Learned counsel for the appellant submits that appellant submits that para-49 of the impugned judgment shows that appellant remained in custody for
three years two months and five days up to 12/05/2022. Thereafter, from the date of judgment the appellant is still in custody. Considering the short sentence, the remaining jail sentence of the appellant may be suspended.
The prayer is opposed by learned Panel Lawyer. Considering the nature of accusation, sentence imposed and undergone coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant. Signature Not Verified Signed by: MANJU Signing time:
12/3/2022 11:54:09 AM
Accordingly, aforesaid I.A. is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentences of the appellant is hereby suspended and it is directed that the appellant- Veeru @ Veer Bahadur Singh be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the concerned trial Court, Jabalpur on 08/03/2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.
C.C. as per Rules.
(SUJOY PAUL) JUDGE
manju
Signature Not Verified Signed by: MANJU Signing time:
12/3/2022 11:54:09 AM
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