Lampu @ Mathura vs The State Of Madhya Pradesh
2023 Latest Caselaw 11623 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 1107 of 2016
                                         (LAMPU @ MATHURA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 25-07-2023
                                 Shri Siddharth Datt - Advocate for appellant No.3-Lakhu @ Lakhan.

                                 Shri Yogesh Dhande - Government Advocate for respondent-State of

M.P.

Heard on I.A No.14455 of 2023 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.3-

Lakhu @ Lakhan arising out of judgment dated 26/03/2016 delivered in S.T. No.1300240/2012 by Ist Additional Sessions Judge, Damoh, (MP).

This appellant no.3 has been convicted under Section 302 of IPC and sentenced to undergo RI for Life with fine of Rs.1000/- with default stipulation.

Learned counsel for this appellant no.3 submits that the appellant no. 3 was aged about 58 years in 2012 and now he is aged about 70 years. He is in actual custody from 23.5.2012. Final hearing of this appeal of 2016 is not possible in near future. Thus, remaining jail sentence of appellant no.3 may be

suspended.

The prayer is opposed by learned Government Advocate for the State on the basis of objection.

Considering the age of appellant no. 3 and also the period of custody without expressing any conclusive opinion on the merits of the case, we deem i t proper to suspend the remaining jail sentence of the appellant no.3. Accordingly, I.A No.14455 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 7/26/2023 3:07:04 PM

remaining jail sentence of the appellant no.3 is hereby suspended and it is directed that appellant No.3-Lakhu @ Lakhan be released on bail on his furnishing a personal bond for a sum of Rs. 30,000/- (Rupees Thirty 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 trial Court Damoh on 9th of October, 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

                          bks




Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 7/26/2023
3:07:04 PM