Pradeep vs The State Of M.P.
2023 Latest Caselaw 9943 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 71 of 2023
                                                      (PRADEEP Vs THE STATE OF M.P.)

                          Dated : 01-07-2023
                                Shri Neeraj Dubey - Advocate for the appellant.

                                Shri A.N. Gupta - Government Advocate for the respondent/State.

Heard on IA No.4161 of 23 for condonation of delay of 67 days'. The present appeal is filed after obtaining legal aid. Little delay is properly explained, thus, despite objection of learned

Government Advocate, delay in filing of this appeal is condoned. IA No.4161 of 23 is allowed.

The appeal is formally admitted for final hearing. Heard on I.A No.4160/2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant -Pradeep arising out of judgment dated 27.08.2022 delivered in S.T. No.64/2018 by 6th Additional Sessions Judge, Sagar, district Sagar.

T h e appellant has been convicted und er Section 392 of IPC and sentenced to undergo R.I. for three years with fine of Rs.5,000/- and under

Section 394 of IPC to undergo R.I. for seven years with fine of Rs.10,000/- with default stipulation.

Shri Dubey, learned counsel for the appellant submits that this Court was kind enough in suspending the remaining jail sentence of co- accused -Angad in Cr.A. No.8137 of 2022 on 23.9.2022. Although, Angad was directed to undergo sentence for a period of two years and present appellant was directed to undergo sentence for a period of seven years, the prosecution story shows that both the accused have played similar role. The Court below has not Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 7/1/2023 5:08:49 PM

assigned an iota of reason in the impugned judgment as to why the present appellant's case is different and why he should undergo a larger period of sentence.

The appellant is in custody since 27.8.2022, (the date of judgment). Final hearing of this appeal is not possible in near future. The appellant has no criminal record. Thus, remaining jail sentence may be suspended.

The prayer is opposed by learned Government Advocate. However, considering the aforesaid, without expressing any opinion on merits of the case, I deem it proper to suspend the remaining jail sentence of the appellant -Pradeep.

Accordingly, I.A No.4160/2023 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 appellant- Pradeep 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 each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Sagar on 11th 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) JUDGE

bks

Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 7/1/2023 5:08:49 PM