Pappu @ Kanhaiyadas vs The State Of Madhya Pradesh
2023 Latest Caselaw 20384 MP

Madhya Pradesh High Court

Pappu @ Kanhaiyadas vs The State Of Madhya Pradesh on 4 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             CRA No. 2436 of 2012
                (PAPPU @ KANHAIYADAS Vs THE STATE OF MADHYA PRADESH)

Dated : 04-12-2023
      Ms. Archana - Tiwari - Advocate for the appellant.

      Mr. Yogesh Dhande - Government Advocate for the respondent/State.

Heard on I.A. No.17704/2022, which is third application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant

-Pappu @ Kanhaiyadas arising out of judgment dated 17.07.2012 delivered in

S.T. No.731/2011 passed by 9th Additional Sessions Judge, Jabalpur.

The appellant has been convicted and sentenced for the offence punishable under Section 324 of IPC and sentenced to undergo R.I. for 1 year and Section 302 of IPC and sentenced to undergo R.I. for life and fine of Rs. 1000/- with default stipulation.

Learned counsel for the appellant, at the outset, submits that no previous applications for suspension of sentence was decided on merit. By taking this Court to the prosecution story, it is urged that the incident had taken place suddenly without any premeditation, when the appellant asked for rent of two

months from the deceased and he refused to pay the same. He further submits that appellant was arrested on 08.10.2011 and since then he is in custody. The appellant remained in actual custody for more than 12 years. Necessary ingredients to attract Section 302 of IPC are missing. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.

P er contra, Learned Government Advocate for the State opposed the

prayer for suspension of remaining jail sentence and grant of bail.

We have heard learned counsel for the parties at length and perused the record.

Considering the factual backdrop and period of actual custody and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.17704/2022 is allowed.

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

that appellant -Pappu @ Kanhaiyadas 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, Jabalpur on 11.01.2024 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)                                   (BINOD KUMAR DWIVEDI)
            JUDGE                                                JUDGE

     L.R.signed by
Digitally
LALIT SINGH RANA
Date: 2023.12.05
17:29:12 +05'30'