Raju Alias Rajkumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 1070 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 3784 of 2020
                                           (RAJU ALIAS RAJKUMAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-01-2023
                                 Shri Anklesh Patel - Advocate for the appellant.

                                 Shri A. K. Pathak - Govt. Advocate for respondent/State.

Heard on I.A. No.17936/2022 filed under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to the applicant.

2. Appellant has been convicted for offence punishable under Section

450, 307 and 324 of the IPC and sentenced to R.I. for 10 years, R.I for 10 years and R.I for 3 years with fine of Rs.2,000/-, 2000/- and 500/- respectively with default stipulations.

3, Learned counsel appearing for the appellant submitted that appellant is in jail since 20.8.2016. He has undergone more than 6 years and five months substantive sentence. It is submitted that more than half of the jail sentence has already been served. Appeal is of year 2020. There is no likelihood of hearing of appeal in near future. In these circumstances substantive sentence of appellant be suspended and he be released on bail.

4. Learned Government Advocate opposed the application for suspension of sentence and submitted that considering the act of appellant and fact that this is case of post conviction appeal, therefore, application be dismissed.

5. Heard the learned counsel for the parties.

6. Considering the period of substantive sentence undergone by the appellant and the judgment passed by the Apex Court in the case of Saudan Singh vs. State of U.P, 2021 SCC Online SC 3259 , I.A. No.17936/2022 is Signature Not Verified Signed by: MONSI M SIMON Signing time: 1/19/2023 2:21:42 PM

allowed.

It is hereby directed that sentence of appellant shall remain suspended during the pendency of this appeal and appellant shall be released on bail on his depositing the entire amount of fine, if not already deposited, and on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his appearance before the Registry on 17.07.2023 and on other dates as may be fixed in this regard by the Registry till final disposal of this appeal.

List the appeal for final hearing in due course.

C.C as per rules.

(VISHAL DHAGAT) JUDGE

mms

Signature Not Verified Signed by: MONSI M SIMON Signing time: 1/19/2023 2:21:42 PM