Madhya Pradesh High Court
Sumit Panika vs The State Of Madhya Pradesh on 13 May, 2022
Author: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3733 of 2022
(SUMIT PANIKA Vs THE STATE OF MADHYA PRADESH)
Dated : 13-05-2022
Shri Prabhat Kumar Shukla, learned counsel for the appellant.
Shri Ajay Shukla, learned Government Advocate for the respondent/State.
IA. No.6938/2022, first application u/S.389 Cr.P.C. for suspension of sentence
moved on behalf of sole appellant-Sumit Panika is taken up and considered along with
reply of the State.
This criminal appeal assails the judgment dated 30.03.2022 passed in Special Case
No.23/2018 by Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, Anuppur, District Annuppur (M.P.), whereby appellant has been
convicted u/S.394 of IPC and sentenced to undergo rigorous imprisonment for 7 years
with fine of Rs.2,000/-, u/S 450 of IPC and sentenced to undergo rigorous imprisonment
for 3 years with fine of Rs.2,000/- and u/S 25(25-B) (b) of Arms Act and sentenced to
undergo rigorous imprisonment for 3 years with fine of Rs.1,000/- with default
stipulations.
During the course of argument of aforesaid IA filed on behalf of the sole appellant,
it came to light that the appellant is in custody since 28/08/2018 which is about three
months short of four years and the sentence awarded is seven years of rigorous
imprisonment.
Considering the fact that the appellant that the appellant has suffered more than half
of the sentence awarded, without entering into the merits of the matter, this Court is
inclined to grant bail to appellant by way of suspension of sentence. Hence,
IA.6938/2022 is allowed.
It is directed that jail sentence of appellant-Sumit Panika will remain under
suspension subject to deposit of fine amount, if not already deposited, and on furnishing
bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of
Rs.25,000/- (Rupees Twenty Five thousand) to the satisfaction of concerned
available Magistrate for his appearance before concerned available Magistrate on
28.06.2022 and on such further dates as may be fixed in this regard which shall be of
frequency not less than once a year.
In case, appellant is found absent on any date fixed by the concerned available
Magistrate, then concerned available Magistrate shall be free to issue and execute warrant
of arrest for securing his presence without first referring the matter to this Court,
provided the Registry of this Court is kept informed.
Learned concerned available Magistrate and the prosecution are directed to ensure
following of Covid-19 precautionary protocol prescribed from time to time by the
Supreme Court, the Central Govt. as well as the State Govt. during release, travel and
residence of the appellant during period of suspension of sentence as a consequence of
this order.
A copy of this order be sent to the trial Court concerned for compliance.
C.c. as per rules.
(SHEEL NAGU) (MANINDER S BHATTI)
JUDGE JUDGE
Astha
Signature Not Verified
SAN
Digitally signed by ASTHA SEN
Date: 2022.05.13 18:12:40 IST
