Umesh Kumar Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 13044 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 6241 of 2023
                                     (UMESH KUMAR MISHRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-08-2023
                                 Shri Somesh Shukla - Advocate for the Appellants.

                                 Ms. Kamlesh Tamrakar - Panel Lawyer for the Respondent/State.

Heard on I.A.No.10185/2023, which is an application under Section 5 of Limitation Act for condonation of delay. The application is supported by an affidavit of the appellant's wife. There is a delay of 65 days.

In view of the reasons mentioned in the application, delay is condoned. Accordingly, I.A. is allowed.

I.A.No.10185/2023 is disposed of.

Record of the trial Court has been received. Heard on admission.

Appeal is admitted for hearing.

Also heard on I.A.No.10184/2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellants - Umesh Kumar Mishra and Gudda Kol arising out of judgment

dated 30.12.2022 delivered in S.T. No.289/2016 by learned Special Judge, Shahdol, District-Shahdol.

Learned counsel for the appellants submits that learned trial Court has convicted appellants under Section 420, 467, 468 and 471 r/w Section 34 of IPC and sentenced to undergo rigorous imprisonment for 2 years, 3 years, 3 years and 3 years with fine of Rs.2000/-, Rs.3,000/-, Rs.3,000/- and Rs.3,000/- respectively with default stipulations. Sentence was suspended by the Trial Court but as appeal was not filed within time therefore, they surrendered before Signature Not Verified Signed by: KRISHNA SINGH Signing time: 11-08-2023 12:35:47

the trial Court. Since then, they are in custody, early hearing of appeal is not possible. On above grounds, appellants pray for suspension of sentence and release on bail.

The prayer is opposed by learned counsel for State. Looking to the short nature of sentence and the period undergone by the appellant in jail coupled with the fact that early hearing of this appeal is not possible in near future, without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellants. Accordingly, I.A.No.10184/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the

remaining jail sentence of the appellants-Umesh Kumar Mishra and Gudda Kol is hereby suspended and it is directed that the appellants be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) each with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerned trial court - Special Judge, Shahdol, District-Shahdol on 16.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List for final hearing in due course.

C.C. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

veni

Signature Not Verified Signed by: KRISHNA SINGH Signing time: 11-08-2023 12:35:47