Manoj vs State Of M.P.
2023 Latest Caselaw 8475 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                       CRA No. 65 of 2007
                                                        (MANOJ Vs STATE OF M.P.)

                          Dated : 13-06-2023
                                 Mr. D.S.Tomar, Advocate for the appellant.

                                 Mr. Rajendra Singh Yadav, Public Prosecutor for the respondent - State.

I.A. No. 9843 of 2023, an application for recalling of arrest warrant issued against the appellant on 26.4.2023, has become infructuous and is hereby dismissed as having rendered infructuous.

Also heard on I.A. No. 10297 of 2023, which is second application

under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant - Manoj.

This Criminal Appeal assails the judgment dated 28.11.2006 passed by Special Judge (MPDVPK Act), Shivpuri, District Shivpuri in Special Sessions Trial No.43/2005, whereby appellant has been convicted under Section 392/34 of IPC and Section 11/13 of MPDVPK Act and sentenced to undergo rigorous imprisonment of 5 years with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellants submits that earlier jail sentence of the

appellant had been suspended on 07.6.2007, however, as no one appeared on behalf of the appellant on 26.4.2023 when the case was called upon, the order granting suspension of jail sentence in favour of the appellant was recalled and non-bailable warrant was issued against the appellant and in pursuance of non- bailable warrant, appellant got arrested on 29.5.2023 and since then he is in custody. Hence, prayed to suspend the jail sentence and grant of bail to appellant Manoj.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 14-Jun-23 10:06:55 AM

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 10297 of 2023 is hereby allowed and it is directed that the remaining jail sentence of the appellant shall remain suspended and he be released on bail on the personal bond and surety already furnished by him earlier. The appellant is further directed to mark his appearance before the Office of this Court o n 05.7.2023 and on subsequent

dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing on 05.7.2023. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 14-Jun-23 10:06:55 AM