Ajab Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 483 MP

                                     1                              CRA-2220-2013
          The High Court Of Madhya Pradesh
                   CRA No. 2220 of 2013
                      (AJAB SINGH Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 10-01-2022
         Through Video Conferencing.

         Mr. J.K. Dehariya, learned counsel for the appellant.
         Mr. S.K. Kashyap, learned Government Advocate for respondent -

State.

Heard on I.A. No.23215/2021, which is repeat (seventh) application for suspension of sentence and grant of bail on behalf of the appellant.

The appellant has been convicted vide judgment dated 14/08/2013 passed by Additional Sessions Judge, Amarwada, District-Chhindwara (M.P.) in S.T. No.341/2012 for commission of offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo for Life Imprisonment with fine of Rs.10,000/- with usual default stipulation.

Learned counsel for the appellant fairly submits that his previous application was dismissed on 20/02/2014. The appellant has not completed 10 years of actual sentence. Although appellant's counsel has placed reliance on certain judgments of Supreme Court mentioned in the IA, despite repeated

query could not point out whether any principle of law laid down in the said judgments that after five years if appeal is not finally decided on merits, is a rule of thumb the remaining jail sentence should be suspended.

Considering the previous order dated 20/02/2014, we are not inclined to suspend the remaining jail sentence at this stage. The appellant may renew his application after completing 10 years of actual sentence.

With aforesaid observation IA is disposed of.

List the appeal for final hearing in due course.

      (SUJOY PAUL)                                   (ARUN KUMAR SHARMA)
         JUDGE                                              JUDGE

skt
                                     2   CRA-2220-2013




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Date: 2022.01.10 16:45:55 IST