Laldev Singh Gond vs The State Of Madhya Pradesh
2023 Latest Caselaw 14036 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                      CRA No. 12107 of 2022
                                            (LALDEV SINGH GOND Vs THE STATE OF MADHYA PRADESH)

                          Dated : 25-08-2023
                                 Shri D. S. Parihar - Advocate for the appellant.

                                 Ms. Kamlesh Tamarkar - Panel Lawyer for the respondent/State.

Heard on I.A. No. 24258/2022 an 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 12.12.2022 delivered in SC No. 02/2021

by Session Judge, Sidhi.

T h e appellant has been convicted under Section 304(2) of IPC and sentenced to undergo R.I. for 5 years and fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant submits that FIR has been lodged after 20 days of incident. PW-1 and PW-2 have turned hostile and not supported the prosecution story. There are no injury on vital parts of deceased. Appellant is in jail for more than two years. Final hearing of this appeal is not possible in near future, therefore, remaining jail sentence of appellant may be suspended and he

be released on bail.

The prayer is opposed by learned Panel Lawyer. Taking into consideration the over all evidence on record, including medical report and delay in lodging the FIR coupled with the fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 24258/2022 is allowed.

Subject to depositing the fine amount, if not already deposited, the Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 8/25/2023 6:02:20 PM

remaining jail sentence of the appellant- Laldev Singh Gond is hereby suspended and it is directed that the 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 concerning trial court Sidhi on 30.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the case for final hearing in due course. C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

L.R.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 8/25/2023 6:02:20 PM