Munua @ Munnu @ Shivshankar Yadav vs State Of M.P.
2023 Latest Caselaw 7347 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 4625 of 2022
                                       (MUNUA @ MUNNU @ SHIVSHANKAR YADAV Vs STATE OF M.P. AND OTHERS)

                          Dated : 04-05-2023
                                 Shri Pavan Kumar Saxena - Advocate for the appellant.

                                 Shri Anuj Singh - Panel Lawyer for the respondent/State.

I A . No.9194/2023, second repeat application u/S.389 Cr.P.C. for suspension of sentence moved on behalf of appellant- Munua @ Munnu @ Shivshankar Yadav, is taken up and considered.

This criminal appeal assails the judgment dated 27.02.2020 passed in Special Case No.05/2019 by Special Judge, Sidhi whereby appellant has been convicted u/S.354 of IPC and Section 7 r/w 8 of POCSO Act, 2012 and sentenced to undergo R.I. for three years with fine of Rs.500/- for each of the Section with default stipulation.

Learned counsel for appellant submits that though earlier application of appellant had been dismissed on merits but appellant has suffered half of the period of sentence as against three years R.I. inflicted by the impugned judgment and there is no likelihood of appeal being decided in near future.

Learned counsel for the State opposed the application and prayed for its rejection.

It is not disputed at the bar that appellant has now suffered more than two years of custody period as against three years R.I. by the impugned judgment. Since more than half of the period of sentence suffered by appellant and there is no hope of appeal being decided in near future, this Court deems it appropriate to grant bail to appellant by way of suspension of sentence. Hence, IA.9194/2023 is allowed.

Signature Not Verified Signed by: YOGESH KUMAR SHIRVASTAVA Signing time: 5/4/2023 7:12:08 PM

It is directed that jail sentence of appellant- Munua @ Munnu @ Shivshankar Yadav will remain under suspension subject to deposit of fine amount, if not already deposited, and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties of the like amount to the satisfaction of concerned available Magistrate for his appearance before concerned available Magistrate on 03.07.2023 and on such further dates as may be fixed in this regard which shall be of frequency not less than once a year.

In case, appellant is found absent on any date fixed by the concerned available Magistrate, then concerned available Magistrate shall be free to issue

and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

A copy of this order be sent to the trial Court concerned for compliance. C.C. as per rules.

(SHEEL NAGU) JUDGE

YS

Signature Not Verified Signed by: YOGESH KUMAR SHIRVASTAVA Signing time: 5/4/2023 7:12:08 PM