Santosh @ Shyamlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 3580 MP

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                                                  The High Court Of Madhya Pradesh
                                                            CRA No. 313 of 2021
                                                   (SANTOSH @ SHYAMLAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                       Jabalpur, Dated : 14-03-2022
                                             Shri Kuldeep Singh, learned counsel for the appellants.

                                             Shri Ravindra Rajpoot, learned P.L. for the respondent/State.

Report regarding custody period of appellant no.1 Santosh @ Shyamlal has been received from the Central Jail, Narsinghpur. It appears from the report that appellant no.1 Santosh has suffered five years in jail.

Heard on the question of admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on IA No.8678/2021, an application for suspension of custodial sentence passed against appellant no.1 Santosh @ Shyamlal.

T his appeal has been preferred against the judgment dated 18.12.2020 passed by First Additional Sessions Judge, Gadarwara, District Narsinghpur (M.P.) in Sessions Trial No.61/2017 whereby learned Judge found appellant no.1 guilty for the offences punishable under Section 307 of IPC and sentencing him R.I. for 10 years along with fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellants submits that the trial Court without

appreciating the evidence properly, wrongly convicted the appellant no.1. He further submitted that the appellant no.1 has already suffered more than five years in jail and hearing of this appeal will take time. Hence, prayed for suspension of the jail sentence and release of the appellant no.1 on bail.

Learned counsel for the State opposed the prayer. Looking to the facts and circumstances of the case, the contention of learned counsel for the appellants and the fact that the appellant No.1 is in custody since 13/1/2017 and according to listing policy the hearing of this appeal will take long time, the application filed by the appellant No.1 Santosh @ Shyamlal is allowed and it is directed that the execution of the jail sentence alone passed against the appellant no.1 shall remain suspended during the pendency of this Signature Not Verified SAN appeal and he be released on bail upon his furnishing personal bond in the sum of Digitally signed by MONIKA CHOURASIA Date: 2022.03.14 16:50:31 IST Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the

satisfaction of the trial Court for his appearance before the Registry of this Court on 20/6/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List the matter for final hearing in due course.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2022.03.14 16:50:31 IST