Naresh More vs The State Of Madhya Pradesh
2022 Latest Caselaw 13738 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 3592 of 2021
                                         (NARESH MORE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-10-2022
                                 Shri Ambar Mandloi, learned counsel for appellants.

                                 Shri K.K.Tiwari, learned Government Advocate for the respondent /

State of Madhya Pradesh.

Heard on IA No.8879/2022, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of sentence filed on behalf of appellant no.1 - Naresh.

The trial Court has convicted the appellant under Section 302 /34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.1,000/- with default stipulation, vide judgment of conviction and order of sentence dated 19.03.2021 passed by 27th Additional Sessions Judge, District Indore (MP) in ST No.1244/2012.

Learned counsel for the appellant submits that appellant is lodged in jail since 19.06.2012 and thus he has completed more than 10 years of sentence. It is further submitted that trial has taken almost 10 years to conclude and appeal has been filed in the year 2021. There is no likelihood of hearing of appeal in

near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant only on the ground of period of incarceration.

Learned counsel appearing for the respondent/State has opposed the prayer and submitted that offences alleged against the appellant are of very serious in nature, therefore, he may not be released on bail. However, period of incarceration of the appellant is not denied.

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 10/18/2022 7:28:29 PM

Having considered the rival submissions, perusal of the record and taking note of the period of incarceration which is more than 10 years and the fact that early disposal of the appeal will take long time, without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant no.1 - Naresh shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant no.1 - Naresh shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 28.11.2022, and on

such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A. No.8879/2022 is allowed.

                                (SUBODH ABHYANKAR)                         (SATYENDRA KUMAR SINGH)
                                      JUDGE                                         JUDGE

                           sh




Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/18/2022
7:28:29 PM