Citation : 2022 Latest Caselaw 14689 MP
Judgement Date : 11 November, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3091 of 2013
(RAMSUNDAR @ LALLU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 11-11-2022
Shri Narendra Nikhare, Advocate for the appellant.
Shri Ajay Shukla, G.A. for the respondent/State.
I.A. No. 12097/2022, an application for suspension of sentence filed on behalf of appellant-Ram Sunder @ Lallu Dwivedi arising out of judgment dated 26.11.2013 delivered in Sessions Case No.23/2011 by Session Judge,Beohari District Shahdol, is taken up.
T h e appellant has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment and fine of Rs. 5000/- with default stipulations.
Learned counsel for the appellant submits that no previous application of similar nature is decided on merits. The appellant is in custody since 02.11.2010. Final hearing of this appeal is not possible in near future. Considering the nature of accusation, it is clear that the incident had taken place suddenly and without there being any pre-meditation. Considering the aforesaid, remaining jail sentence may be suspended.
T he prayer is opposed by Shri Ajay Shukla G.A. on the basis of objection.
We have heard the parties.
Considering the the period of custody and other facts mentioned hereinabove, without expressing any opinion on merits of the case, I.A. is allowed.
Subject to depositing the fine amount (if not already deposited), the Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 11/12/2022 11:40:39 AM
remaining jail sentence of this appellant- Ramsunder @ Lallu is hereby suspended and it is directed that on his furnishing a personal bond for a sum of Rs.30,000/- (Rs. thirty thousand only) along with surety in the like amount to the satisfaction of the Trial court, he shall be released on bail with a further direction to remain present before the trial Court Beohari on 06.03.2023 and on such other dates as fixed by the trial court in this regard during the pendency of this appeal.
List this admitted appeal for final hearing in due course. C.C as per rules.
(SUJOY PAUL) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
MKL
Signature Not Verified
Signed by: MANOJ KUMAR
LALWANI
Signing time: 11/12/2022
11:40:39 AM
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