Bihari Lal Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 6220 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 2129 of 2012
                                            (BIHARI LAL SAHU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-04-2023
                                 Shri Abhay Gupta - Advocate for the appellant.

                                 Shri Arvind Singh - Government Advocate for the respondent / State.

Heard on I.A No. 2759 of 2023, repeat application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Bihari Lal Sahu arising out of judgment dated 28th September, 2010 delivered

in S.T. No.546/2009 by Additional Judge to First Additional Sessions Judge, Jabalpur.

The appellant has been convicted under Section 302/34 of the I.P.C. and sentenced to undergo life imprisonment with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submits that no previous application for suspension of sentence was decided on merits. This Court was kind enough in suspending the jail sentence of main accused Pappu @ Mukesh Sahu in Cr.A. No. 135 of 2011 on 10.01.2017. By taking this Court to the prosecution

story, it is submitted that role attributed to this appellant is almost similar. Appellant remain in actual custody for 13 years, 8 months and 20 days. The Court below in the impugned judgment in para-42 mentioned about date of arrest and period of custody. Final hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of appellant may be suspended.

Learned Govt. Advocate opposed the prayer based on his written objection. However, he did not dispute the period of custody of appellant as also the grant of bail to another accused.

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 4/19/2023 10:03:09 AM

Considering the period of actual custody and the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A. No.2759 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant - Bihari Lal Sahu is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Jabalpur on 12th

June, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                             (SUJOY PAUL)                                   (AMAR NATH (KESHARWANI))
                                JUDGE                                                JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 4/19/2023
10:03:09 AM