Misrilal vs Police Station Kisla The State Of ...
2023 Latest Caselaw 3571 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 151 of 2014
                                       (MISRILAL Vs POLICE STATION KISLA THE STATE OF MADHYA PRADESH)

                          Dated : 28-02-2023
                                Shri B.K. Upadhyay - Advocate for the appellant.

                                Shri Yogesh Dhande - Government Advocate for the respondent of M.P.

Heard on I.A. No. 24088 of 2022 an application filed under Section 389 (1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Misrilal out of judgment dated 27th September 2013 delivered in S.T. No.

29/2012 by Additional Sessions Judge, Itarshi.

Learned counsel for the appellant at the outset submits that no previous application has been dismissed on merits. The appellant is in custody since 27.10.2011. The incident had taken place suddenly. The Dehati Nalishi/dying declaration mentions certain injuries which do not tally with the postmortem report and the statement of Dr. V.K. Jha (PW-12). Final hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned Counsel for the State on the basis of

objection.

We have heard the parties at length and perused the record. Considering the period of custody coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A. No. 24088 of 2022 is allowed. Subject to depositing the fine amount (if not already deposited), the Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 3/1/2023 10:28:15 AM

remaining jail sentence of appellant- Misrilal is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further

direction to appear before the trial Court, Itarshi on 8 th May, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rule.

                                (SUJOY PAUL)                            (AMAR NATH (KESHARWANI))
                                   JUDGE                                         JUDGE

                          bks




Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 3/1/2023
10:28:15 AM