Bharatlal Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 13271 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 3009 of 2015
                                      (BHARATLAL SAHU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-08-2023
                                Shri Y.P. Sharma - Advocate for appellant No.4 Krishna Prasad Sahu

                          and appellant No.5 Baldev Prasad Sahu
                                Shri Ajay Shukla - Govt. Advocate for respondent / State.

Heard on I.A No.15700/2023, application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.4

Krishna Prasad Sahu and appellant No.5 Baldev Prasad Sahu respectively arising out of judgment dated 30.08.2015 delivered in S.T. No. 168/2012 by I Additional Sessions Judge, District Singrauli.

The appellants have been convicted under Section 302/34 of the I.P.C. and sentenced to undergo life imprisonment with fine of Rs.4,000/- each and under Section 449 of IPC and sentenced to undergo RI for 10 years with fine of Rs. 1,000/- each with default stipulations.

Learned counsel for the appellants urged that the prosecution story reduced in writing in para-4 of the impugned judgment shows that the role

allegedly played by present appellants is similar to that of role played by co- appellants Bharatlal Sahu, Shatrughan Sahu, Munnalal Sahu. This Court by orders dated 16.09.2022 and 12.05.2023 suspended the remaining jail sentence of said co-appellants. The final hearing of this appeal is not possible in near future. Both the appellants remained in actual custody for more than 9 years. Thus, remaining jail sentence of present appellants may be suspended.

Learned Govt. Advocate opposed the prayer on the basis of objection. However, he did not dispute about the factum and period of custody mentioned Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 8/17/2023 1:11:27 PM

by the appellants' counsel.

Considering the aforesaid, we deem it proper to suspend the remaining jail sentence of both the appellants namely Krishna Prasad Sahu and Baldev Prasad Sahu. Accordingly, I.A No.15700/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.4 Krishna Prasad Sahu and appellant No.5 Baldev Prasad Sahu are 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 each in the like amount to the satisfaction of the trial Court with a further

direction to appear before the Trial Court, Waidhan, Singrauli on 30th October, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                             (SUJOY PAUL)                                 (AVANINDRA KUMAR SINGH)
                                JUDGE                                              JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 8/17/2023
1:11:27 PM