Kamlesh Kumar Bind vs The State Of Madhya Pradesh
2023 Latest Caselaw 21564 MP

Madhya Pradesh High Court

Kamlesh Kumar Bind 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. 5009 of 2021 (KAMLESH KUMAR BIND Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 15-12-2023 Shri Prakhar Naveriya - 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.15867/2023, which is third application under

Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant-Kamlesh Bind. First application has been dismissed as withdrawn vide order dated 06.01.2022 and second application has been dismissed on merits vide order dated 03.03.2023.

Appellant has been convicted and sentenced as mentioned in the impugned judgment dated 12.08.2021 passed in Special Case No.56/2017 by Special Judge, District Singrauli.

It is submitted by the counsel for the appellant that the appellant has been falsely implicated in the case. He is in jail since 06.10.2017. 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.15867/2023 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

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