Madhya Pradesh High Court
Abhishek Pandey vs The State Of Madhya Pradesh on 20 June, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1867 of 2022
(ABHISHEK PANDEY Vs THE STATE OF MADHYA PRADESH)
Dated : 20-06-2022
Shri D.P. Mishra, learned counsel for the appellant.
Shri Manoj Kushwaha, learned Panel Lawyer for the respondent/State.
Trial Court record has been received.
Heard on admission.
This appeal is admitted for final hearing.
Heard on I.A.No.3271/2022, an application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail to the appellant
pending the appeal.
T h e appellant has been convicted for commission of offence under
Sections 307 and 458 of IPC and has been sentenced to undergo R.I for 5
years and and fine of Rs.500/- in each Section, in default of payment of fine he
shall further undergo R.I for 3 months by the learned Third Additional Sessions
Judge, Katni District-Katni vide judgment dated 22.01.2022 passed in ST No.
86/2018 (State of MP Vs. Abhishek Pandey and another).
Learned counsel for the appellant has submitted that appellant has already
undergone three years and eight months in jail. He has fair chance to succeed in
appeal. There is no possibility of coming this appeal for hearing in near future.
Appellant/accused has already served more than half of sentence. He placing
reliance on the judgment in the case Saudan Singh Vs. State of UP, 2022
SCC OnLine SC 697 has prayed that jail sentence of appellant be suspended
and he be released on bail till final disposal of the appeal.
O n the other hand, learned Panel Lawyer for the respondent/State has
opposed the prayer for grant of bail to the appellant.
On a perusal of judgment dated 22.01.2022 passed in ST No. 86/2018
(State of MP Vs. Abhishek Pandey and another) it is revealed that
appellant/accused has been convicted for commission of offence under
Sections 307 and 458 of IPC and has been sentenced to undergo R.I for 5
years and fine of Rs.500/- in each section with default stipulation. Both
sentences have been directed to run concurrently.
From the report received from the Superintendent, District Jail, Katni. It
is revealed that appellant/accused has already served almost three years and
eight months jail sentence out of total period of 5 years sentence. Co-accused
Anthoni Rodrik has already been released on bail by this Court. As appellant
has already served three years and eight months jail sentence out of five years
sentence.
Keeping in view the direction issued by the Apex Court in the case
Saudan Singh (Supra), I am inclined to suspend the remaining jail sentence of
the appellant because final hearing of this appeal is not possible in near future.
Consequently, I.A.No.3271/2022 is allowed. The execution of jail
sentence of appellant- Abhishek Pandey is hereby suspended subject to
depositing the fine amount, (if not already deposited). It is directed that the
appellant be released on bail on his furnishing a personal bond to a sum of
Rs.1,00,000/- (Rupees One Lakh only) each with one solvent surety each of
the like amount to the satisfaction of the trial Court with a further direction to
appear before the trial Court on 12.10.2022 and also on such other dates, as
may be fixed by that Court in this regard during the pendency of this appeal.
List the case for final hearing in due course as per listing policy.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
L.R.
Digitally signed by LALIT
SINGH RANA
Date: 2022.06.22 10:41:31
+05'30'
