Annu @ Ansha Kumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8432 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                  CRA No. 533 of 2014
                                               (ANNU @ ANSHA KUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 24-06-2022
                                           Mr.Vasant Daniel, learned counsel for the appellants.

                                           Mr.D.K.Paroha, learned Government Advocate for the respondent/State.

Learned counsel seeks permission to withdraw I.A.No.11235/2021, which is third application u/s 389(1) of Cr.P.C. on behalf of appellant-Annu @ Ansha Kumar.

There is no opposition. Prayer is allowed.

Accordingly, I.A.No.11235/2021 is dismissed as withdrawn. Considered I.A.No.11238/2021, which is sixth application u/s 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Parmanand.

By the impugned judgment dated 31.1.2014 the Additional Sessions Judge, Mandla in Sessions Trial No.02/2011 convicted the appellant for offences under sections 392/397(2 counts), 302/34 (2 counts) and sentenced to undergo R.I. for 10 years & Life with fine of Rs.5,000/- and Rs.5000/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The appellant/applicant is old man of 82 years and was granted parole during pandemic. The has served substantial sentence. The final disposal of instant appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of Signature Not Verified SAN the appellant/applicant.

Digitally signed by RAJESH MAMTANI Date: 2022.06.24 17:56:04 IST Learned Government Advocate has opposed the prayer for suspension

of sentence.

Considering the over all facts and circumstances of the case; age of the appellant/applicant; report of Central Jail, Jabalpur indicating that applicant served 11 years 7 months & 25 days in custody; all the appellants have been convicted for offence u/s 302 of IPC; final disposal of appeal would take considerable time; without commenting on merits of the case, the 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/applicant- Parmanand shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 07.11.2022 and on such other dates as may be fixed in this regard.

I.A.No.11238/2021 is allowed.

List for final hearing in due course.

                                          (SMT. ANJULI PALO)                            (DINESH KUMAR PALIWAL)
                                                JUDGE                                            JUDGE

                                     RM




Signature Not Verified
  SAN




Digitally signed by RAJESH MAMTANI
Date: 2022.06.24 17:56:04 IST