Suraj Deen Baiga vs State Of M.P.
2023 Latest Caselaw 9910 MP

                                                                  1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 4514 of 2022
                                                 (SURAJ DEEN BAIGA AND OTHERS Vs STATE OF M.P.)

                           Dated : 30-06-2023
                                    Shri R.P. Yadav - Advocate for appellants.

                                    Shri Pramod Pandey - Govt. Advocate for respondent/State.

Heard on I.A No. 15375 of 2022, a second application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No. 3- Jumman Baiga arising out of judgment dated 27.04.2022 delivered in

S.T. No. 300251/2016 by Special/ Additional Sessions Judge Shahdol District Shahdol. The first application was dismissed on 19-05-2022 by this Court.

The appellant No. 3 has been convicted under Section 326/34 of the I.P.C. and sentenced to undergo R.I. for 03 years with fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submits that the appellant No. 3 has falsely been implicated in the case. The co-accused are on bail. The final hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of appellant No. 3 may be suspended.

Learned Govt. Advocate opposed the prayer on the ground that the present appellant No. 3 Jumman Baiga is the main accused.

Perused the trial court record.

Considering the short sentence of three years rigorous imprisonment under Section 326 of IPC coupled with the fact that the final hearing of this appeal is not possible in near future and without commenting on the merits of case, I deem it proper to suspend the remaining jail sentence of the appellant No. 3.

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 01-07-2023 10:43:41

Accordingly, I.A No. 15375 of 2022 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No. 3- Jumman Baiga is hereby suspended and it is directed that the 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 of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Shahdol on 19th 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.

(AVANINDRA KUMAR SINGH) JUDGE

PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 01-07-2023 10:43:41