Gopal [email protected] Alamveer vs The State Of Madhya Pradesh
2022 Latest Caselaw 842 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 3311 of 2017
                (GOPAL [email protected] ALAMVEER Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 18-01-2022
       Heard through Video Conferencing.

       Mr. Surendra Singh, learned Senior Advocate with Mr. Aswani Kumar
Dubey, learned counsel for the appellant.
       Mr. K. K. Verma, learned Panel Lawyer for the State.
       Record of Court below is available.
       Considered I.A. No.17974/2021, which is third application under

Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail on
behalf of appellant - Gopal Singh @ Alamveer. Earlier applications were
dismissed as withdrawn.
       This repeat application has been filed on the ground of custody period
of the appellant.
       Vid e impugned judgment dated 09.08.2017 passed by Additional
Session Judge, Bina District Sagar in S.T. No.211/2012 the appellant has
been convicted for offences under Sections 376/511 and 306 of Indian Panel
Code and sentenced to R.I. for 7 years each with fine of Rs.2000/- each with

default stipulations.
       Learned Senior Advocate for the appellant submitted that the Court
below has passed the impugned judgment without properly appreciating the
oral and documentary evidence on record. The appellant is in jail since
09.08.2017

and has served almost four years and eight months of sentence. As per impugned judgment dated 09.08.2017, earlier the appellant was in jail for three months and 29 days. Final disposal of the appeal would take considerable time. Therefore, prayer has been made to suspend the sentence of appellant.

Learned Panel Lawyer has opposed the prayer for bail and suspension of sentence and submitted that after commission of rape deceased committed suicide by setting herself ablaze.

Considering the overall facts and circumstances of the case; nature of offence, without commenting on merits of the case, the application is allowed.

It is directed that on depositing fine amount, if not already deposited, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand Only) with a surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant - Gopal Singh @ Alamveer shall remain suspended during the pendency of this case and he be released on bail.

The appellant shall appear before the concerned trial Court on 04.05.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.17974/2021 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.01.19 17:14:32 IST