Lallu Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 13721 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 2631 of 2023
                                          (LALLU SAKET AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-08-2023
                                  Shri Satya Prakash Mishra - Advocate for the Appellant.

                                  Shri Ashish Kurmi - Panel Lawyer for the Respondent/State.

Heard on admission.

Appeal is admitted for final hearing.

Record of trial Court is received.

Heard on I.A.No.4037/2023 and I.A.No.3985/2023, first application under Section 389(1) of the Cr.P.C. for suspension sentence and grant of bail t o appellants - Lallu Saket and Hublal Kol respectively, arising out of judgment dated 28.01.2023 delivered in S.C.No.(Doct)21/2020 by Seventh Additional Sessions & Special Judge, (M.P.D.A.V.P.K.Adhiniyam, 1981), District-Satna.

The appellant has been convicted under Section 395 r/w 120 B & 13 of IPC & M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 and Section 11 of M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, with

default stipulation.

Learned counsel for the appellant submits that incident occurred on 02.06.2020. FIR has been lodged after a delay of seven days i.e, on 09.06.2020 and delay has not been explained properly. Complainant Guddu Verma, (PW-2) has turned hostile and has not supported the prosecution. Conduct of complainant is highly unnatural. Injury allegedly sustained by complainant are simple in nature and all appellants are in jail. Therefore, it has been prayed that

Signature Not Verified Signed by: KRISHNA SINGH Signing time: 23-08-2023 16:12:44

remaining jail sentence of the appellants may be suspended and they be released on bail.

Learned Panel Lawyer for the State, on the other hand, has opposed the application.

Therefore, taking into consideration overall evidence on record and nature thereof, I deem it proper to suspend the remaining jail sentence of the appellants. Accordingly, I.A.No.4037/2023 and I.A.No.3985/2023 are allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellants - Lallu Saket and Hublal 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 concerning trial Court, Satna, District-Satna on 30.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter 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: 23-08-2023 16:12:44