Citation : 2023 Latest Caselaw 22213 MP
Judgement Date : 22 December, 2023
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 894 of 2013 (VIRENDRA PYASI @ TOONA SHANKARSHAN PYASI Vs THE STATE OF MADHYA PRADESH)
Dated : 22-12-2023 Ms. Saritha Acharya - Advocate for appellant.
Shri Pramod Kumar Pandey - Govt. Advocate for State.
I.A. No.22913/2023, 15th repeat application filed by appellant u/S.389 of Cr.P.C. for suspension of sentence is taken up and considered alongwith the reply of the State.
This criminal appeal assails the judgment dated 19.03.2013 passed in Sessions Case No.108/2012 by Additional Sessions Judge, Amarpatan, District Satna (M.P.) whereby appellant has been convicted u/S. 498A of IPC and sentenced to undergo 3 years RI with fine of Rs.500/-, under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- and u/S.201 IPC and sentenced to undergo 7 years RI with fine of Rs.500/- with default stipulations.
Sole appellant has been found guilty of murder of his wife. Without entering into the merits of the matter, the sole ground which
persuades this Court to grant suspension of sentence to the appellant is the fact that appellant has completed about 12 years of custody period as against life sentence imposed. The objection of State does not reveal presence of any criminal antecedents and the final hearing of this appeal will take time, we deem it proper to suspend the remaining jail sentence of the appellant.
Hence, I.A. No.22913/2023 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- Virendra Pyasi @ Toona be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the trial Court with a further direction to appear before the trial Court on 22.02.2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this Appeal.
C.C. as per rules.
(SHEEL NAGU) (MANINDER S. BHATTI)
JUDGE JUDGE
Biswal
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