Summi @ Summer @ Jelly vs The State Of Madhya Pradesh
2023 Latest Caselaw 21563 MP

Citation : 2023 Latest Caselaw 21563 MP
Judgement Date : 15 December, 2023

Madhya Pradesh High Court

Summi @ Summer @ Jelly vs The State Of Madhya Pradesh on 15 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5701 of 2021 (SUMMI @ SUMMER @ JELLY Vs THE STATE OF MADHYA PRADESH)

Dated : 15-12-2023 Shri Kuldeep Singh Rajpoot - Advocate for the appellant.

Ms. Shanti Tiwari - Panel Lawyer for the State.

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing. Also heard on IA No.21334/2023, which is first application under

Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant-Summi @ Summer @ Jelly.

Appellant has been convicted under Section 307 IPC and sentenced RI for 10 years with fine Rs.2000/- with default stipulation vide impugned judgment dated 06.09.2021 passed in ST No.194/2018 by Third ASJ, Gadarwara, District Narsinghpur.

It is submitted by the counsel for the appellant that the appellant has been falsely implicated in the case. He has already suffered sentence for more than three years (with remission). It is further submitted that appeal is of the year

2021 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case; period of custody and the fact that appeal is of the year 2021 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.21334/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 24.01.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE