Sukhdev vs The State Of Madhya Pradesh
2023 Latest Caselaw 1492 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                         CRA No. 4104 of 2022
                                            (SUKHDEV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-01-2023
                                   Shri Vikas Yadav, learned counsel for the appellant.

                                   Shri Hemant Sharma, learned Government Advocate for the
                           respondent/State.

Heard on admission.

Appeal is admitted for final hearing.

Record of the trial Court has already been received in the connected case.

Also heard on I.A.No.785/2023, which is second application filed under section 389 (1) of Cr.P.C on behalf of appellant Sukhdev for grant of bail and suspension of remaining jail sentence. First application of the appellant has been dismissed as withdrawn vide order dated 24.06.2022.

The appellant has been convicted for offence under Sections 326/34, 323/34 of IPC and sentenced to undergo 7 years R.I. with fine of Rs.3,000/-, Rs.1,000/- with default stipulation respectively.

Learned counsel for the appellant contended that the appellant is in custody from the date of judgment i.e. 30/03/2022. During trial, he remained on bail and did not misuse the liberty granted to him. There is strong case in favour of the appellant. Final hearing of the appeal will take considerable long time. The jail sentence of the co-appellant Sanjay has been suspended by this Court vide order dated 10.01.2023 in Cr.A.No.11299/2022. Under these circumstances, he prays that the application be allowed and the remaining jail sentence of the appellant be suspended till final disposal of the appeal. Signature Not Verified Signed by: REENA JOSEPH Signing time: 25-01-2023 18:07:32

Learned GA for the respondent/State opposed the prayer for grant of bail and suspension of remaining jail sentence of the appellant and prays for its rejection.

Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the appellant remained on bail during trial and he did not misuse the liberty granted to him, in similar circumstances, the jail sentence of the co-appellant Sanjay has been suspended, final hearing of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, IA No.785/2023 is allowed and the execution of remaining

jail sentence of the appellant is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail upon his depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000/-(Rupees Seventy Five 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 Registry of this Court on 02.05.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. I.A.No.785/2023 stands allowed and disposed off.

(ANIL VERMA) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 25-01-2023 18:07:32