Sev Lodhi & Anr. vs The State Of M.P.
2023 Latest Caselaw 13175 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 2082 of 1998
                                             (SEV LODHI & ANR. AND OTHERS Vs THE STATE OF M.P.)

                          Dated : 14-08-2023
                                Shri Kuldeep Singh-Advocate for the appellant.

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

Heard on I.A. No.18103/2023, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant No.2-Bandu arising out of judgment dated 14.09.1998 delivered in S.T. No.218/1995 by

learned First Additional Sessions Chhatarpur, District-Chhatarpur.

The appellant has been convicted under Sections 376 (chha) of IPC and sentenced to undergo R.I. for 10 years with fine of Rs. 500/- Section 450 of IPC and sentenced to undergo RI for 5 years with fine of Rs.300/- and Section 506-B of IPC and sentenced to undergo R.I. for 5 years with fine of Rs. 300/- with default stipulations.

Learned counsel for the appellant submits that the case was fixed for final hearing but appellants were not present on 07.04.2022 therefore non-bailable warrants were issued against them and in pursuance of above warrants

appellants were arrested and appellant No.2 Bandu approached before this Court on 26.04.2022 and since then he is in custody. Thereafter, on behalf of appellant No.1 an application for cancellation of arrest warrant was filed on 05.05.2022, which was allowed by this Court. Therefore, appellant No.2 may also be released on bail.

The prayer is opposed by counsel for the State. Taking into consideration the order dated 05.05.2022, I deem it proper to suspend the remaining jail sentence of the appellant No.2 Bandu. Accordingly, Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/16/2023 6:03:38 PM

I.A No. 18103/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant No.2-Bandu is hereby suspended and it is directed that he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty 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 concerning trial court Chhatarpur, District Chhatarpur on 31.08.2023 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 on 06.09.2023.

C.C. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/16/2023 6:03:38 PM