Mangal Bhartiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 9793 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 802 of 2023
                                             (MANGAL BHARTIYA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 28-06-2023
                                   Shri R.S. Mendiratta - Advocate for the appellant.

                                   Shri   Narendra    Chourasiya     -   Government      Advocate   for   the
                          respondent/State.

Heard on I.A.No.3390 of 2023 - an application for condonation of

delay.

For the reasons stated in the application, the same is allowed. Delay in filing the appeal is hereby condoned.

Also heard on the question of admission.

Admit.

Also heard on I.A.No.3286 of 2023 first application filed under Section 389(1) of CrPC for suspension of sentence on behalf of appellant.

Vide impugned judgment dated 28.10.2022 passed by the learned Fifth Additional Sessions Judge, Mandla District Mandla in S.T. No.93 of 2020, the appellant has been convicted for offence punishable under Section 307 of IPC

and sentenced to undergo R.I. for five years and to pay fine o f Rs.3,000/-with default stipulation.

Learned counsel for the appellant submits that the appellant is in custody since the date of arrest i.e. 11.10.2020. Therefore, he has completed more than half sentence against the total conviction of five years. There is no likelihood of early disposal of the appeal. Hence, he prays for suspension of sentence and grant of bail. Placing reliance upon the judgment rendered by the Hon'ble

Signature Not Verified Signed by: SHALINI LANDGE Signing time: 6/30/2023 11:41:33 AM

Supreme Court in the case of Saudan Singh Vs. State of U.P. reported in 2021 SCC Online SC 3259 whereby the Hon'ble Supreme Court has directed for consideration of the application for suspension of sentence and grant of bail where the appellant has already undergone 50% of the actual sentence.

Per contra, counsel for the State has vehemently opposed the application but could not dispute the fact that the appellant is in custody since 11.10.2020.

Considering the overall facts and circumstances of the case and looking to the fact that there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to appellant by way of suspension of sentence. Accordingly, without expressing any opinion on the merits,

I.A.No.3286 of 2023 is allowed and it is directed that the remaining jail sentence of the appellant shall remain suspended subject to the deposition of the fine amount on the appellant's furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with separate solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 28.11.2023 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

Sha

Signature Not Verified Signed by: SHALINI LANDGE Signing time: 6/30/2023 11:41:33 AM