Sanjay vs The State Of Madhya Pradesh
2023 Latest Caselaw 601 MP

                                                        1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE

                                           CRA No. 11299 of 2022
                                      (SANJAY Vs THE STATE OF MADHYA PRADESH)



              Dated : 10-01-2023
                          Shri Mohammad Ikram Ansari, learned counsel for the appellant. .
                          Shri Kapil Mahant Pl appearing on behalf of Advocate General.
             ____________________________________________________________
                          Heard on I.A no. 16589/2022, which is an application filed under
             section 5 of the Limitation Act for condonation of delay of 186 days in
             filing present appeal.
                          Date of judgment is 30/03/2022 and this appeal has been filed on
             01/12/2022. The appellant was remained in jail due to poverty and lack
             of knowledge, therefore, he could not file the appeal within time.
                          Foe the reasons assigned, I.A. no. 16589/2022 is allowed and the
             delay in filing present appeal is hereby condoned.
                          Heard on admission.
                          Appeal is admitted for final hearing.
                          Also heard on I.A. no. 16591/2022, which is an application filed
             under section 389 (1) of Cr.P.C on behalf of appellant Sanjay for grant
             of bail and suspension of remaining jail sentence.
                          Learned counsel for the appellant contended that the appellant has
             been in custody because of his conviction under section 326/34 and
             323/34 of IPC and sentence to undergo seven years R.I with fine of Rs.
             3000/- and the sentence already undergone with fine of Rs. 1000/-
             respectively with default stipulation. He is in custody from the date of
             judgment i.e. 30/03/2022. During trial, he was remained on bail and he
             has not misused the liberty granted to him. There is strong case in favour
Signature Not Verified
Signed by: AMOL N
MAHANAG
Signing time: 1/10/2023
5:49:50 PM
                                                         2

             of the appellant. Final hearing of the appeal will take considerable long
             time. 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.

                          Learned GA for the respondent/State opposed the prayer for grant

of bail and suspension of remaining jail sentence of the appellant by submitting that the appellant has been properly convicted and sentenced by the trial Court.

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 was remained on bail during and he has not misused the liberty granted to him and final hearing of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of appellant

Accordingly, IA No.16591/2022 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/- 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.

Let the matter for final hearing in due course.

C.C. as per rules.

(ANIL VERMA) JUDGE amol Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 1/10/2023 5:49:50 PM