Sanjeev Saini vs The State Of Madhya Pradesh
2023 Latest Caselaw 2073 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5679 of 2021 (SANJEEV SAINI Vs THE STATE OF MADHYA PRADESH)

Dated : 06-02-2023 Shri Sunil Kumar Pandey - Advocate for appellant.

Shri Pankaj Raj - Panel Lawyer for State.

Heard on the question of admission.

This Criminal appeal assails the judgment dated 31.08.2021 passed in S.T. No.308/2011 by the 2nd Sessions Judge, Pipariya, District Hoshangabad,

whereby the appellant has been convicted under Sections 399 and 402 of Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years with fine of Rs.1000/- and sentenced to undergo rigorous imprisonment for seven years with fine of Rs.1000/- respectively, with default stipulations.

Appeal appears to be arguable, hence, admitted for final hearing. Also heard on I.A.No.1884 of 2022, an application for suspension of jail sentence and grant of bail.

It is submitted that the appellant was on bail during trial and he has never misused the liberty granted to him. He is under custody since the date of

judgment. The total conviction is of seven years and he has also deposited the fine amount. As per prosecution story, it is alleged that the appellant along with other co-accused were making preparation for committing dacoity and robbery in Pawan Express Train. There is a recovery of chilli powder from the possession of the present appellant. There is no likelihood of early disposal of the appeal. Hence, he prays for suspension of sentence and grant of bail.

Per contra, counsel for the State has vehemently opposed the application stating therein that there are ample evidence on record on the basis of which, Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 2/7/2023 11:15:15 AM

learned trial Court has convicted the appellant. However, he could not dispute the fact that fine amount has been deposited and he has never misused the liberty granted by this Court.

Considering the overall facts and circumstances of the case and looking to the fact that there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to appellant by way of suspension of sentence. Accordingly, without expressing any opinion on the merits, I.A.No.1884 of 2022 is allowed and it is directed that the remaining jail sentence of the appellant shall remain suspended subject to the verification that the amount of fine has been deposited, on the appellant furnishing bail bond of

Rs.50,000/- (Rupees Fifty Thousand Only) with separate solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 12.05.2023 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

AM

Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 2/7/2023 11:15:15 AM