Madhya Pradesh High Court
Laxman vs The State Of Madhya Pradesh on 23 September, 2022
Author: Subodh Abhyankar
CRA No.1189/2015
1
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Criminal Appeal No.1189/2015
Indore, Dated 23.09.2022
Shri Sanjay Kumar Sharma, learned counsel for appellant
No.3 Sachin alias Sacchu Raikwar s/o Shri Shankarlal Raikwar.
Smt. Mamta Shandilya, learned Government Advocate for the
respondent / State of Madhya Pradesh.
Heard on IA No.12730/2022, a repeat (fifth) application
under Section 389 (1) of the Code of Criminal Procedure, 1973 for
suspension of jail sentence and grant of bail filed on behalf of
appellant No.3 Sachin alias Sacchu Raikwar s/o Shri Shankarlal
Raikwar. His earlier applications have already been dismissed on
merits also.
The present appellant has been convicted and sentenced by
learned Special Judge (under SC / ST Act), Indore, District Indore
(MP) in Special Sessions Trial No.204/2007 vide judgment dated
24th July, 2015, as under: -
Conviction Sentence
Section Act RI Fine amount Imprisonment in lieu of fine
148 IPC 2 years - -
302 r/w 149 IPC Life Imprisonment Rs.1,000/- 3 months RI
(Deceased Subhash)
324 r/w 149 IPC 1 year - -
(Injured Kallu)
324 r/w 149 IPC - Rs.1,000/- 3 months RI
(Injured Santosh)
323 r/w 149 IPC - Rs.1,000/- 3 months RI
(Injured Mamtabai)
323 r/w 149 IPC - Rs.1,000/- 3 months RI
(Injured Sandeep)
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 23-09-2022
17:54:36
CRA No.1189/2015
Counsel for the appellant has submitted that the appellant has
already completed fifteen years and three months and the final
disposal of the appeal still likely to take sufficiently long time.
Counsel for the respondent / State, on the other hand, has
opposed the prayer.
Having considered the rival submissions and on perusal of
the record and considering the period already spent by the appellant
in jail which is more than fifteen years and the fact that the paper
book has still not been prepared and the final disposal of the appeal
is likely to take sufficiently long time, we are of the considered
view that the appellant is entitled for bail.
Accordingly, without expressing any opinion on merits of the
case, IA No.12730/2022 is allowed and it is directed that on
furnishing a personal bond by the appellant in the sum of
Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in
the like amount to the satisfaction of the learned trial Court, for his /
her regular appearance before concerned trial Court, the execution
of the custodial part of the sentence imposed against the appellant
shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his /
her presence before the concerned trial Court on 06.12.2022 and
on all such subsequent dates, as may be fixed by the concerned
Court in this regard.
It is also observed that if the appellant (s) is found in any of
the criminal activities, after his release on bail / suspension of
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 23-09-2022
17:54:36
CRA No.1189/2015
sentence, then the present bail / suspension order shall stand
cancelled without further reference to this Court; and the State /
prosecution will be free to arrest the accused in the present case
also. C. c. as per rules.
(Subodh Abhyankar) (Satyendra Kumar Singh)
Judge Judge
rcp
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 23-09-2022
17:54:36
