Vinod @ Netram Tillasi vs The State Of Madhya Pradesh
2023 Latest Caselaw 13832 MP

                                                                1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 4011 of 2023
                                           (VINOD @ NETRAM TILLASI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 23-08-2023
                                 Shri Y.K. Gupta - Advocate for the appellant.

                                 Ms. Sunita Sood- Panel Lawyer for the respondent/State.

Heard on admission.

The appeal is admitted for final hearing. Record of Court below has been received.

Heard on I.A.No.6243/2023 application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 11.03.2023 delivered in S.T. No.84/2017 by Additional Sessions Judge Baihar District-Balaghat.

T h e appellant has been convicted under Section 306 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.10,000/- with default stipulations.

Learned counsel for the appellant submits that there are four dying declarations which are contradictory to each other. There is no thumb

impression on (Ex.P/27). In dying declaration (Ex.D/2), there is nothing against the appellant. Co-accused had been acquitted by trial Court. and evidence against this appellant is similar to that of co-accused. Final hearing of this appeal is no t possible in near future. Thus, it is prayed that remaining jail sentence of the appellant may be suspended and he be released on bail.

The prayer is opposed by learned Panel Lawyer for the State. Taking into consideration all written dying declarations and oral dying declaration and nature/contents of all dying declarations, I deem it proper to Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/24/2023 10:49:23 AM

suspend the remaining jail sentence of the appellant.

Accordingly, I.A.No.6243/2023 is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellant Vinod @ Netram Tillasi be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty 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 trial court Baihar, District- Balaghat on 06.11.2023 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. Certified copy as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

vai

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/24/2023 10:49:23 AM