Vinod Kumar Panet vs The State Of Madhya Pradesh
2023 Latest Caselaw 12424 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 432 of 2017
                                           (VINOD KUMAR PANET Vs THE STATE OF MADHYA PRADESH)

                         Dated : 03-08-2023
                                Shri Vikesh Pratap Singh- Advocate for the appellant.

                                Shri Pramod Pandey- Government Advocate for the respondent/State.

I.A. No.14438/2023, which is repeat (fourth) application filed u/S.389(1) of Cr.P.C. for suspension of sentence is taken up and considered without the reply of the State, since enough time was granted to the State but no avail.

At this Juncture, State Counsel adopts the reply filed to the earlier similar application and therefore, this Court proceeds to decide the aforesaid I.A.

This criminal appeal assails the judgment dated 24.1.2017 passed in Sessions Trial No.409/2015 by the Second Additional Sessions Judge, Jabalpur whereby appellant has been convicted u/S.302 of the I.P.C. and sentenced to undergo R.I. for life imprisonment with fine of Rs.5,000/- with default stipulations.

The prosecution case found proved against the appellant is that he murdered his wife during the night intervening 15th and 16th of March, 2015 by

way of strangulation. Though defense witnesses were produced in support of the fact that the appellant was elsewhere but their testimony was disbelieved.

However, without entering into the merits, merely on the ground that the appellant has completed more than eight years of incarceration against the life sentence imposed and in absence of any criminal antecedents pointed out, this Court is inclined to grant bail to appellant by way of suspension of sentence but with certain stringent conditions.

Accordingly, I.A. No.14438/2023 is allowed. It is directed that jail Signature Not Verified Signed by: MRS PREETI TIWARI Signing time: 8/5/2023 12:53:19 PM

sentence of appellant- Vinod Kumar Panet will remain under suspension on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of Rs.25,000/- each to the satisfaction of the trial court with a further direction to appear before the trial Court on 04.09.2023 and on such further dates as may be fixed in this regard which shall be of frequency not less than once a year. In addition of above, the appellant-Vinod Kumar Panet shall also mark his appearance before the concerned police station once in a month during the period of suspension of jail sentence.

In case, appellant is found absent on any date fixed by the concerned available Magistrate, then concerned available Magistrate shall be free to issue

and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

A copy of this order be sent to the trial Court concerned for compliance. List this matter for final hearing.

Office is directed to prepare the paper book.

Certified copy as per rules.

                               (SHEEL NAGU)                              (AMAR NATH (KESHARWANI))
                                  JUDGE                                           JUDGE

                         P/-




Signature Not Verified
Signed by: MRS PREETI
TIWARI
Signing time: 8/5/2023
12:53:19 PM