Citation : 2023 Latest Caselaw 3537 MP
Judgement Date : 28 February, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1725 of 2014
(SANT RAM NAT Vs THE STATE OF MADHYA PRADESH)
Dated : 28-02-2023
Shri Jitendra Tiwari - Advocate for the appellant.
Shri D.K. Paroha - Panel Lawyer for the respondent/State.
Heard on I.A. No.8520/2022, this is the repeat (third) application for suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of appellant. Earlier his first application (I.A.No.1206/2014) was dismissed as withdrawn on
06.08.2014 and second application (I.A. No.23270/2019) was also dismissed as withdrawn on 28.05.2021.
Appellant has been convicted for the offence punishable under Section 302 of IPC and Section 25(1-B) (A) of Arms Act and sentenced to R.I. for life with fine of Rs.500/- and R.I. for three years with fine of Rs. 500/- respectively, with default stipulations.
It is submitted that as per the custody report, the appellant has completed 13 years and 07 months of his jail sentence and the appeal is going to take a long time to be heard finally.
Considering that the appellant has completed 13 years and 07 months of jail
sentence, without adverting to the merits of the case, I.A. No.8520/2022 is allowed in the light of judgment of the Apex Court passed in the case of Saudan Singh vs. State of Uttar Pradesh (Criminal Appeal No.308/2022).
Remaining jail sentence of appellant is hereby suspended subject to depositing the fine amount and furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, with a further direction to appear before the Registry of this Court firstly on 03.10.2023, and also on such other dates as may be fixed by the Registry in this regard Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 2/28/2023 5:39:18 PM
during pendency of this appeal.
In case if the appellant is found to be involved in any other offence during the bail period this bail order shall stand cancelled automatically and the police shall be at liberty to arrest him.
Let the appeal be listed for final hearing in due course. Certified copy as per rules.
(NANDITA DUBEY) (DINESH KUMAR PALIWAL)
JUDGE JUDGE
ak
Signature Not Verified
Signed by: ASHISH KOSHTA
Signing time: 2/28/2023
5:39:18 PM
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