Bhanwarlal vs The State Of Madhya Pradesh
2023 Latest Caselaw 1084 MP

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                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                    CRA No. 6202 of 2017
                                                            (BHANWARLAL Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 18-01-2023
                                            Shri Arun Kumar Nema- Advocate for the appellant.

                                            Shri Raghuveer Prajapati - Panel Lawyer for the respondent/State.

Heard on I.A. No.20431/2022, which is fourth application filed on behalf of the appellant for suspension of sentence and grant of bail.

The appellant has been convicted by the trial Court under Section 363,

366, 376 (2)(f) and 506-Part-II of IPC and sentenced to R.I. for 7 years with fine of Rs.1000/-, R.I. for 7 years with fine of Rs.1,000/-, R.I. for 10 years with fine of Rs. 1000/- and R.I. for 1 year with fine of Rs.500/- respectively with default stipulation.

Earlier two applications were dismissed on merit vide order dated 16.05.2018 and 17.05.2019 and one application was dismissed as withdrawn on 14.01.2022.

Learned counsel for the appellant submitted that the appellant has remained in custody from 18.03.2012 to 04.06.2012 (i.e. for near about 2

months and 14 days) and he is in custody since the date of judgment i.e. 08.12.2017 (i.e. near about 5 years). The appellant is a first offender. Disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the prayer for bail. Considering the facts and circumstances of the case and period of jail Signature Not Verified SAN

sentence served by the appellant, without commenting on the merits of the Digitally signed by RASHMI TIKARAM CHIKANE Date: 2023.01.19 17:03:43 IST case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence of appellant- Bhanwarlal shall remain suspended and he shall be released on bail.

The appellant shall appear before the trial Court on 05.07.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List the matter for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RC

Signature Not Verified SAN

Digitally signed by RASHMI TIKARAM CHIKANE Date: 2023.01.19 17:03:43 IST