Vinod vs The State Of Madhya Pradesh
2023 Latest Caselaw 6782 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 1303 of 2015
                                                  (VINOD Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-04-2023
                                 Shri Akhilesh Kumar Saxena, learned counsel for the appellant.

                                 Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
                           respondent/State.

Heard on I.A. No.3840/2023, which is repeat fourth application for suspension of sentence and grant of bail filed under section 389(1) of the

Cr.P.C. on behalf of appellant-Vinod.

First application of the appellant was dismissed on merits vide order dated 22.06.2017 thereafter, temporary application was dismissed on merits vide order dated 12.01.2018 and third application was dismissed as withdrawn vide order dated 02.08.2019.

T he trial Court has convicted the appellant under Section 302 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.500/- and under section 201 of the IPC and sentenced to undergo 5 years R.I. with fine of Rs.500 and under section 404 of the IPC sentenced to undergo 2 years R.I.

with fine of Rs.500 with default stipulation respectively vide judgment of conviction and order of sentence dated 06.08.2015 passed by the IV Additional Sessions Judge Ratlam in S.T. No.284/2012.

A s per prosecution case, on 17.08.2012 at around 11:30 p.m. the appellant abducted Dasrath Patidar and murdered him by strangulation.

Learned counsel for the appellant pressing this application only on the ground of custody and submits that the appellant is in custody since 20.08.2012 i.e. more than 10 years. Final hearing of this appeal is not possible in near future Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 27-04-2023 13:02:33

therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

P e r contra, learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant but has not disputed the custody period.

We have heard learned counsel for both the parties and perused the record.

Considering the custodial period of the appellant which is more than 10 years coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.3840/2023 is allowed and jail sentence of the appellant shall

remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant-Vinod 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 24.07.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.

C.C. as per rules.

                                  (S. A. DHARMADHIKARI)                      (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                      JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 27-04-2023
13:02:33