[email protected] vs The State Of Madhya Pradesh
2022 Latest Caselaw 1425 MP

-1-                               CRA NO.1426/2016

              HIGH COURT OF MADHYA PRADESH,
                         BENCH AT INDORE
                         CRA NO.1426/2016
Gajanand @ Gajja s/o Ratanlal
Caste Patliya, Aged 23 years,
occupation Cleaner, R/o Gram Bagdiya,
PS Dhar, Tehsil & Dist. Dhar M.P          .......Appellant.
vs.
State of M.O through PS dhar
Dist. Dhar M.P                            ........Respondent.

01.02.2022: (INDORE):

Shri Anshul Verma, learned counsel for the appellant. Shri Sudanshu Vyas, learned GA for the State. Heard on the question of admission. Record perused.

The appeal is admitted for final hearing. List for final hearing in due course.

Also heard on IA No.23285/2021, a second repeat application for suspension of sentence on behalf of the appellant.

Appellant has filed this appeal against the judgment dated 21.5.2015 passed by A.S.J, Dhar in Sessions Trial No.229/2014 whereby the learned trial Court has convicted the appellant under sections 307/34 & 394/397 of the IPC and sentenced him to undergo RI for 10 years with fine of Rs.2000/ and RI for 10 years with fine of Rs.2000/- respectively with further default stipulation.

Learned counsel for the appellant submits that the trial Court has committed an error in appreciating the evidence and convicting the appellant. The hearing of this appeal would likely to take long time, hence prayed for suspension of sentence and release of appellant on bail.

-2- CRA NO.1426/2016

On the other hand, learned counsel for the respondent/State opposed the prayer.

The first application was dismissed as withdrawn with liberty to file fresh application after undergoing substantial period of imprisonment. The appellant is in jail since 2014.

Considering the facts and circumstances of the case and the fact that this appeal is likely to take time for final hearing, the application is allowed and it is directed that the jail sentence passed against the appellant shall remain suspended and he be released on bail upon his depositing the fine amount (if already not deposited) and furnishing personal bond in the sum of Rs.25,000/- (Rupees Twentyfive Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 11.07.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.

(VIVEK RUSIA) JUDGE Digitally signed by HARI KUMAR C G NAIR Date: 2022.02.02 10:18:10 +05'30' hk/