Madhya Pradesh High Court
Pankaj @ Uncha vs State Of Madhya Pradesh on 9 July, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 305 of 2022
(PANKAJ @ UNCHA Vs STATE OF MADHYA PRADESH)
Dated : 09-07-2022
Shri Manoj Kumar Mishra, learned counsel for the appellant.
Shri C.M. Tiwari, Government Advocate for the respondent/State.
Heard on admission, this appeal is admitted for final hearing.
Heard on I.A.No.388/2022, which is first application under section
389(1) of the Code of Criminal Procedure for suspension of sentence and grant
of bail on behalf of appellant-Pankaj.
The appellant is aggrieved by the impugned judgment of conviction dated
10.12.2021 passed by the First Sessions Judge, Chhatarpur in Sessions Trial
No.395/2013, whereby, the appellant has been convicted for offences under
sections 394, 397 and 307 read with Section 34 (2 counts) of the Indian Penal
Code and has been sentenced to undergo R.I. for 10 years, 7 years and 10-10
years with fine of Rs.5,000/-, Rs.2,000/- & Rs.2000-2000/- (total 4000)
respectively with default stipulations.
Learned counsel for the appellant submitted that appellant is innocent and
has falsely been implicated in the crime in question. The impugned judgment is
bad in law and has been passed by the trial Court without properly appreciating
the evidence available on record. He further submits that appellant was in
custody from 12.08.2013 to 09.06.2014 and from 27.03.2017 till now. The
appellant is a first offender as mentioned in the impugned judgement and he has
served more than 7 years in custody. The appellant was on bail during trial.
Signature Not Verified
SAN The impugned judgment has passed on 10.12.2021 and appeal has recently
Digitally signed by NITESH PANDEY
Date: 2022.07.09 18:19:12 IST been filed and disposal of present appeal would take considerable time to
conclude. Hence, prayer has been made to suspend the jail sentence of the
appellant.
Learned Government Advocate for the State has opposed the prayer for
bail and suspension of sentence.
Considering the over all facts and circumstances of the case, considering
the period of custody of the appellant, the appellant is first offender as
mentioned in the impugned judgment, and appeal would take considerable time
for disposal, and without commenting on merits of the case, the application is
allowed.
I t is directed that 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-Pankaj shall remain
suspended during the pendency of this case and he be released on bail. The
appellant shall appear before the Registry of this Court on 05.12.2022 and on
all subsequent dates, as may be fixed in this regard during the pendency of this
appeal.
The appellant shall regularly appear before the concerned trial Court on
each and every date, as may be directed by that Court without fail. It is made
clear that if the appellant again involves himself in similar kind of offence, this
order would immediately become ineffective without further reference to the
Court.
Accordingly, I.A.No.388/2022 stands disposed of.
List the case for hearing in due course.
Signature Not Verified
SAN
Digitally signed by NITESH PANDEY
Date: 2022.07.09 18:19:12 IST
(SMT. ANJULI PALO)
JUDGE
Nitesh
Signature Not Verified
SAN
Digitally signed by NITESH PANDEY
Date: 2022.07.09 18:19:12 IST
