Ramkaran vs The State Of Madhya Pradesh
2023 Latest Caselaw 3783 MP

                                    - : 1 :-

       IN THE HIGH COURT OF MADHYA PRADESH
                     AT INDORE

                          CRA No. 469 of 2013
                 (RAMKARAN Vs THE STATE OF MADHYA PRADESH)



Dated : 03-03-2023
       None for the appellant.
       Shri Amit Singh Sisodia,learend Government Advocate for
the respondent/State.
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Heard on I.A. No.8940/2022 which is third application under Section 389 of Cr.P.C. for suspension of remaining jail sentence of appellant.

The appellant has been convicted under Section 302 of I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.1000/- with default stipulation.

We have perused the record.

This appeal has been filed through legal aid. The appellant was on bail during the trial and since the date of judgment 29.08.2012, the appellant is in jail.

Government Advocate opposes the prayer and prays for its rejection.

The Apex Court vide order dated 30.01.2023 in case Petition(s) for Special Leave to Appeal (Crl.) No(s). 9271/2022 has observed as under:

''The petitioner, by way of the present special leave petition, has approached this Court since the application for suspension of remaining jail sentence of the appellant (Irfan Memon) has been rejected by the High Court.

Heard Mr. N.K. Mody, learned senior counsel appearing for the petitioner and Mr. Pashupathi Nath Razdan, learned counsel appearing for the respondent-State.

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Learned counsel for the State has vehemently opposed grant of bail.

Taking into consideration the fact that the petitioner has been incarcerated for a period of more than 9 (Nine) years and there is no likelihood of the appeal being heard by the High Court in the near future, we are inclined to allow the prayer for bail.

The petitioner is directed to be released on bail in connection with Sessions Trial No. 300025 of 2014 and on such terms and conditions as may be deemed fit and appropriate by the learned Trial Judge.''

Looking to the aforesaid order passed by the Apex Court,we are of the of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserved to be allowed.

Accordingly, I.A. No.8940/2022 , is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, the appellant shall mark his presence before concerned trial court on 12/07/2023 and on all such subsequent dates, which are fixed in this regard by Trial Court concerned.

I.A. No.8941/2022 is closed.

Certified copy, as per rules.

                              (VIVEK RUSIA)                                       (ANIL VERMA)
                                 JUDGE                                                JUDGE

                              praveen



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Date: 2023.03.04 14:26:49
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