Sonu @ Shailendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 13130 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         CRA No. 382 of 2017
                                           (SONU @ SHAILENDRA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-08-2023
                                 Shri Imtiyaz Husain - Senior Advocate with Shri Mohd. Sajid Khan -

                           Advocate for the appellant.
                                 Shri Puneet Shroti - Government Advocate for the respondent/State.

Heard on I.A. No.15857/2022, which is the fourth application filed under Section 389(1) of the Code of Criminal Procedure for suspension of

sentence and grant of bail to the appellant.

Vide impugned judgment dated 15.12.2016 passed by the Second Additional Sessions Judge Multai District Betul in S.T. No.279/2014, the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced thereunder to suffer R.I. for life with fine of Rs.10,000/- with default stipulations.

Learned counsel for appellant submits that the present appellant has been falsely implicated in the alleged crime as false report has been registered and that aspect was not properly considered by the Court below. He has also

submitted that nature of crime under which deceased died, otherwise indicate that there was no intention of the appellant to kill the deceased because he has not used any deadly weapon, whereas all the injuries caused with the help of Lathi. It is further submitted that even otherwise considering the nature of crime and period of custody and this appeal is of the year 2017 and also it will take time to conclude for final judgment and the appellant has no criminal antecedent, it is prayed that the appellant may be enlarged on bail and sentence be suspended.

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 11-08-2023 18:55:46

Learned Govt. Advocate on the other hand raised objection with regard to submission made by learned senior advocate and submitted that merely because period of custody more than nine years and appeal will take time to be concluded finally, the bail application cannot be considered. It is further submitted that the Court below has given a reasoned order and the appellant is convicted on the basis of evidence adduced by the prosecution . Hence, is prayed that the appellant may not be granted bail and same be dismissed.

Considering the submissions and perusal of record, we are of the opinion that bail application of the appellant is considered on the ground that he has already suffered more than nine years and looking to the nature of crime that the

appellant has not used any deadly weapon, the bail application is hereby allowed.

It is directed that on depositing the entire fine amount (if not deposited) by appellant as also furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance before the Registry of this Court on 17.10.2023 and on all such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to the appellant shall remain suspended and he shall be released on bail, if not required to be detained in any other case.

Ac c o rd ingly, I.A. No.15857/2022 s tand s a llo we d a n d disposed of.

Certified copy as per rules.

                             (SANJAY DWIVEDI)                                         (VISHAL DHAGAT)
                                  JUDGE                                                    JUDGE

Signature Not Verified
Signed by: PANKAJ NAGLE
Signing time: 11-08-2023
18:55:46

                           pn




Signature Not Verified
Signed by: PANKAJ NAGLE
Signing time: 11-08-2023
18:55:46