Umesh @ Munda vs The State Of Madhya Pradesh
2022 Latest Caselaw 14830 MP

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                           CRA No. 674 of 2012
                                             (UMESH @ MUNDA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-11-2022
                                  Shri V.P. Singh, learned counsel for the appellant.

                                  Shri Yogesh Dhande, learned Govt. Adv. for the respondent/State.

I.A. No.18633/2022 an application for suspension of sentence and grant of bail filed on behalf of appellant-Umesh @ Munda arising out of judgment dated 03.03.2012 delivered in Sessions Case No.144/2011 by Sessions Judge, District Katni is taken up.

The appellant has been convicted and sentenced under Section 302 of IPC and directed to undergo RI for Life and fine of Rs.3000/- with default stipulation.

Learned counsel for the appellant submits that this is repeat application. His previous application was dismissed as withdrawn on 27.11.2012. The appellant is in custody since 2.6.2011 and has completed more than eleven years actual sentence. The final hearing of this appeal is not possible in near future. The prosecution story shows that the incident had taken place because of sudden impulse and without there being any pre-meditation. Considering

the aforesaid, the remaining jail sentence of the appellant may be suspended.

The prayer for grant of bail is opposed by Shri Dhande, learned counsel for the State on the basis of objection.

We have heard learned counsel for the parties on this aspect. Considering the period of custody coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any conclusive opinion on merits of the case, we deem it proper to suspend the Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 11/15/2022 1:11:17 PM

remaining jail sentence of the appellant.

Accordingly I.A. No.18633/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant- Umesh @ Munda 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 Katni on 06.03.2023 and on such other dates as fixed by the trial court in this regard during the pendency of this appeal.

C.C as per rules.

                              (SUJOY PAUL)                               (PRAKASH CHANDRA GUPTA)
                                 JUDGE                                            JUDGE
                           bks




Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 11/15/2022
1:11:17 PM