Shatrughan @ Bablu Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 13835 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11568 of 2022 (SHATRUGHAN @ BABLU PANDEY Vs THE STATE OF MADHYA PRADESH)

Dated : 23-08-2023 Shri Anil Kumar Dwivedi-Advocate for the appellant.

Shri C.M. Tiwari-Government Advocate for the State.

Heard on admission.

The appeal is admitted for final hearing. Record of the trial Court be requisitioned.

Also Heard on I.A. No. 23456/2022, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant-Shatrughan alias Bablu Pandey arising out of judgment dated 17.10.2022 delivered in S.T. No.12/2021 by learned Additional Sessions Judge, Beohari, District-Shahdol.

T h e appellant has been convicted under Section 394 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs. 3000/- with default stipulation.

Learned counsel for the appellant submits that appellant has been

convicted only on the basis of recovery (Ex.-P/7). Learned trial Court itself has not relied upon TIP. Seizure witnesses are completely hostile and appellant has been convicted on the basis of same evidence on the basis of which co- accused has been acquitted. Final hearing of this appeal is not 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 counsel for the State. Taking into consideration the evidence of PW-1 regarding identification Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/24/2023 7:07:51 PM

of appellant and nature of recovery coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid I.A. is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant-Shatrughan alias Bablu Pandey is hereby suspended and it is directed that he 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 concerning trial court, Beohari,

District-Shahdol on 11.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C c as per rules.

List the matter for final hearing in due course.

(ACHAL KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/24/2023 7:07:51 PM