Moolchand vs The State Of Madhya Pradesh
2022 Latest Caselaw 9479 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1045 of 2018 (MOOLCHAND Vs THE STATE OF MADHYA PRADESH)

Dated : 12-07-2022 Shri Ram Milan Prajapati, Advocate for the appellant.

Shri Vivek Lakhera, Government Advocate for the State. Heard on I.A.No.11220/2022, which is first application under Section 389 (1) of Cr.P.C. filed on behalf of appellant-Moolchand for suspension of sentence and grant of bail.

By the impugned judgment dated 15.12.2017 passed by the Additional

Sessions Judge, District Bhopal in Sessions Trial No.217/2016, the appellant has been convicted under Section 307 of IPC and Section 25 (1-B)(B) of Arms Act and has been sentenced to undergo R.I. for 10 years and R.I. for 01 year, with fine of Rs. 500/- and Rs.1000/- respectively, with default stipulations.

The prosecution story, in brief, is that appellant inflicted Knife blow in the abdomen of complainant.

Learned counsel for the appellant submitted that appellant is innocent and has falsely been implicated in the crime in question. He further submits as per the record appellant has been sentenced more than 05 years above, which is six

and half years from the date of his arrest i.e. 03.01.2016. Final disposal of appeal would take considerable time. Hence, prayer has been made to suspend the sentence of the appellant.

Learned Govt. Advocate has opposed the application. Looking to the aforesaid facts and circumstances of the case and Signature Not Verified SAN considering that this appeal is pending since 2018, Dr. Devendra Sharma Digitally signed by NITESH PANDEY Date: 2022.07.12 17:43:22 IST (P.W.5) found single incised wound on his abdomen which is about 3 c.m. X

1/4 x 1/4 c.m., final disposal of appeal would take considerable time to conclude, I find it to be a fit case to suspend the custodial sentence of the appellant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t 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-Moolchand shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 07.12.2022 and on such other dates as

may be fixed in this regard.

Accordingly, I.A.No.11220/2022 is allowed. List this matter for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2022.07.12 17:43:22 IST