Madhya Pradesh High Court
Sanjay @ Sanju vs The State Of Madhya Pradesh on 4 July, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7360 of 2021
(SANJAY @ SANJU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 04-07-2022
Mr.Vikas Mishra & Mr.P.S.Dubey, learned counsel for the appellants.
Ms.Seema Sahu, learned Panel Lawyer for the respondent/State.
Considered I.A.No.21670/2021, which is first application under section
389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of
appellants No.1 & 2, namely, Sanjay & Mangal respectively.
At the outset, learned counsel for the appellant prays for withdrawal of
prayer for suspension of sentence in respect of appellant/applicant No.2-
Mangal.
There is no opposition. Prayer is allowed.
I.A.No.21670/2021 stands withdrawn in respect of appellant-Mangal.
By the impugned judgment dated 30.11.2021 passed by the Sessions
Judge, Betul in Sessions Trial No.100374/2015 the appellants have been
convicted for offencs under sections 307/34 of the Indian Penal Code and
sentenced to undergo R.I. for 5 years and fine of Rs.3,000/- with fine of default
stipulations.
Learned counsel for the appellant/applicant No.1 submitted that appellant
is innocent and has been falsely implicated in the crime in question. The
appellant is in jail since the date of judgment and he has remained in custody for
substantial period. The trial Court has not appreciated the oral and documentary
evidence available on record. The final disposal of this appeal would take
Signature Not Verified
SAN considerable time. Fine amount has been deposited. Hence, prayer has been
Digitally signed by RAJESH MAMTANI
Date: 2022.07.04 18:28:22 IST made to suspend the jail sentence of the appellants.
Learned Panel Lawyer has opposed the prayer for suspension of
sentence and grant of bail.
Considering the over all facts and circumstances of the case; complainant
received 7 injuries out of which 2 were incised wounds one on her neck and
another lacerated on neck; as per allegations the appellant caught hold of the
complainant and he did not inflict blow on complainant; role of the appellant;
period of custody i.e. from the date of judgment and 122 days as per certificate
under section 428 Cr.P.C.; the appellant was on bail during trial; final disposal
of this appeal would take considerable time; without commenting on merits of
the case, the application is allowed.
It is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees
Forty Thousand only) with one surety in the like amount to the satisfaction of
the trial Court concerned, the custodial sentence of appellant/applicant No.1-
Sanjay @ Sanju shall remain suspended and he shall be released on bail for
securing his presence before the trial Court concerned on 10.11.2022 and on
such other dates as may be fixed in this regard.
I.A.No.21670/2022 is allowed in part.
List the case for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
RM
Signature Not Verified
SAN
Digitally signed by RAJESH MAMTANI
Date: 2022.07.04 18:28:22 IST
