Assu @ Ashok Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 10129 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRA No. 686 of 2012
                                          (ASSU @ ASHOK SINGH Vs THE STATE OF MADHYA PRADESH)

                         Dated : 04-07-2023
                               Shri Alok Vagrecha- Advocate for appellant.

                               Shri Yogesh Dhande - Government Advocate for the respondent-State.

I.A. No.23279 of 2022 for suspension of sentence and grant of bail to appellant arising out of judgment dated 27.2.2012 delivered in Sessions Trial

No.231/2006 by 12th Additional Sessions Judge, Jabalpur (M.P.) is taken up.

This appellant has been convicted under Section 302 of IPC and sentenced to undergo R.I. for life with fine of Rs.1000/- and under Section 449 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.500/- and Section 427 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.200/- and also u/s 25(1-B)(A) of Arms Act and sentenced to undergo R.I. for 1 year with fine of Rs.300/- with default stipulation.

Learned counsel for the appellant fairly submits that no doubt his previous applications were decided on merits, the fact remains that the matter was finally argued by him before another Bench but the case was released by

order dated 7.2.2018. Para-34 of the impugned judgment shows that the appellant remained in custody from 16.4.2010 continuously. The Co-accused are on bail. Considering the period of custody, the appellant may be given the benefit of suspension of sentence and grant of bail.

Learned Government Advocate for the State opposed the prayer for suspension of remaining jail sentence and grant of bail on the basis of objection.

We have heard the parties.

Considering the period of custody coupled with the fact that the appellant Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 7/5/2023 1:41:04 PM

did argue his matter finally on one occasion but it could not be decided, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A. No.23279 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that this appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to

appear before the trial Court, Jabalpur on 25 th September 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 rules.

                              (SUJOY PAUL)                                 (ACHAL KUMAR PALIWAL)
                                 JUDGE                                             JUDGE

                         sh




Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 7/5/2023
1:41:04 PM