Sanjay @ Sanju vs The State Of Madhya Pradesh
2023 Latest Caselaw 6050 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7360 of 2021 (SANJAY @ SANJU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 13-04-2023 Shri S.M. Guru - Advocate for appellants.

Shri C.K. Mishra - Government Advocate for State.

Heard on I.A.No.7587/2023, which is third application under section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant No.2-Mangal. His earlier applications were dismissed as withdrawn

vide order dated 04.07.2022 & 14.11.2022.

B y the impugned judgment dated 30.11.2021 passed by the Sessions Judge, Betul in Sessions Trial No.100374/2015, the appellant No.2 has been convicted for offencs under Section 307/34 of the Indian Penal Code and sentenced to undergo R.I. for 5 years with fine of Rs.3,000/- with fine of default stipulation.

Learned counsel for the appellant No.2 submitted that appellant No.2 is innocent and has falsely been implicated in the crime in question. The trial Court has not appreciated the oral and documentary evidence available on record. It is

alleged that appellant No.2 caused injury by using axe to Sunita on her leg. Earlier the appellant No.2 was in custody from 09.06.2015 to 14.07.2016 and thereafter, he is in custody since the date of the judgment i.e. 30.11.2021. The final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellant No.2.

Signature Not Verified Learned Government Advocate has opposed the prayer for suspension SAN

Digitally signed by NITESH PANDEY of sentence and grant of bail.

Date: 2023.04.13 17:54:23 IST

Looking the the nature of offence and custody period of the appellant,

without commenting on merits of the case, the application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant No.2-Mangal Vishwakarma shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 11.09.2023 and on such other dates as may be fixed in this regard.

The appellant No.2 shall regularly appear before the trial Court, on each and every date, without fail.

List this matter for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2023.04.13 17:54:23 IST