Sameer Ahemd vs The State Of Madhya Pradesh
2023 Latest Caselaw 13938 MP

                                      1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                              CRA No. 3353 of 2015
                     (SAMEER AHEMD Vs THE STATE OF MADHYA PRADESH)

Dated : 24-08-2023
      Shri Manish Datt - Sr. Advocate with Shri Siddharth Datt - Advocate

for the appellant.
      Shri Pramod Thakre - Government Advocate for respondent - State.

Heard on I.A. No.8195/2023 an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant arising out of

judgment dated 24.11.2015 delivered in S.T.No.2015/2014 by Additional Sessions Judge/Special Judge, Shahdol.

T h e appellant has been convicted under Section 302 of I.P.C. and sentenced to undergo imprisonment for life with fine of Rs.7,000/-, under Section 201 o f IPC and sentenced to undergo R.I. for 3 years with fine of Rs.3,000/- with default stipulations.

At the outset, learned Sr. counsel for the appellant fairly submits that previous application of appellant was dismissed on merits on 12.09.2016, fact remains that appellant remained in actual custody of more that 9 and half

months. Final hearing of this appeal is not possible in near future. There is no eye witness to the incident. The chain of circumstances are not complete and clinching, thus remaining jail sentence of appellant may be suspended.

Learned G.A. opposed the prayer on the basis of objection. Considering the period of custody coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of appellant. Accordingly IA No. 8195/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant 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 Shahdol o n 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

 Akm



           Digitally signed by AKANKSHA
           MAURYA
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A MAURYA   st=Madhya Pradesh,
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           Date: 2023.08.24 17:35:51 +05'30'