Monu @ Praveen Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 8275 MP

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          IN THE HIGH COURT OF MADHYA PRADESH
                        AT INDORE
                                BEFORE
                 HON'BLE SHRI JUSTICE VIVEK RUSIA
                                      &
         HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

                        ON THE 22th OF JUNE, 2022

                   CRIMINAL APPEAL No. 206/2013

(Monu @ Praveen Yadav Vs. STATE OF MADHYA PRADESH)
      Shri Bharat Yadav, learned counsel for the appellant.
      Shri K.K.Tiwari, learned Govt.Advocate for the respondent/State.

Also heard on I.A. No.28857/2021 which is ninth repeat application for suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf of Sole appellant Monu @ Praveen.

The appellant has been convicted and sentenced along with other co-accused vide judgment dated 21.01.2013 in Session Trial No.499/2009 passed by Sessions Judge, District Indore as below:-

  Conviction                                  Sentence
Section Act       Imprisonment            Fine deposited Imprisonment
                                          details        in lieu of Fine
302      IPC      Life Imprisonment             Rs.1,000/-    6 months R.I

Although this is ninth application filed on behalf of sole appellant but vide order dated 28.02.2020, the sole appellant Monu @ Praveen was enlarged on temporary bail for a period of four weeks and after expiry of the aforesaid period, he surrender before the jail Authorities. Thereafter on 03.02.2022, this Court had directed the office to list this present appeal along with other connected appeals before the Special Division Bench-II

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for final arguments. All the connected appeals were listed on 06.05.2022 but counsel for the appellant appearing in connected Criminal Appeal No.263/2013 sought an adjournment. Therefore, the criminal appeals could not be heard finally.

Learned counsel for the appellant submits that the appellant has completed more than thirteen years of jail sentence. This appeal could not be heard because counsel of other co-accused, who is on bail, did not argue this appeal. Counsel for the appellant undertakes to argue this appeal finally as and when listed for final hearing. There is no likelihood of final hearing in near future of this appeal. The hearing of this appeal would likely to take long time; hence prayed for suspension of sentence and release of the appellant Monu @ Praveen Yadav.

Learned Govt. Advocate for the respondent/State opposes the prayer for suspension of sentence.

Considering the facts and circumstances of the case, the period of custody, the hearing of the appeal was held up because of counsel for the other co-accused, who was on bail did not argue the matter and that there is no likelihood of final hearing of this criminal appeal in near future, without commenting on the merits of the case the application for suspension of sentence I.A.No.28857/2021 is allowed. Execution of jail sentence of the Appellant Monu @ Praveen Yadav is hereby suspended and it is ordered that the Monu @ Praveen Yadav be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The Appellant Monu @ Praveen Yadav shall mark his presence

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before the registry of this Court on 21/11/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

List the matter for final hearing.

Certified copy as per rules.

       (VIVEK RUSIA )                      (AMAR NATH (KESHARWANI))
          JUDGE                                  JUDGE

das

             Digitally signed
             by REENA
             PARTHO SARKAR
             Date: 2022.06.22
             18:05:43 +05'30'