Virendra @ Veera vs The State Of Madhya Pradesh
2023 Latest Caselaw 7472 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3640 of 2017 (VIRENDRA @ VEERA Vs THE STATE OF MADHYA PRADESH)

Dated : 08-05-2023 Shri Indrajeet Singh Yadav, Advocate for the appellant.

Shri Pramod Kumar Pandey, Government Advocate for the State.

Heard on I.A. No. 22512/2022, which is second application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant Virendra @ Veera.

The appellant has been convicted under Sections 120-B, 302/34 and 201 I.P.C and has been sentenced to undergo R.I. for life and five years and fine of Rs.2000/-, 2000/- and Rs.1,000/- respectively with default stipulation by XII Additional Session Judge, Jabalpur vide judgment dated 12.08.2016 passed in Session Trial No. 210/2012 (State of MP Vs. Mohd. Vaseem and another).

T h e prosecution story found to be proved is that conspiracy was hatched by all five accused including the present appellant to murder the deceased- Lakhan. PW-15 has heard the conspiracy being hatched at a Pan shop prior to the incident of murder. After the arrest of the appellant, statement

under Section 27 of the Evidence Act was recorded leading to discovery of a watch which was alleged by the prosecution to belong to the deceased. However, the watch was not identified by either any of the relative or friends of deceased. The cause of death is homicide by way of strangulation.

During the course of argument, it was revealed by learned counsel for the appellant that appellant has suffered about 9 years in custody as against life sentence imposed and there is no likelihood of appeal coming up for hearing in the near future.

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

Without entering into the merits of the matter, this Court for the reason that there is no hope of this appeal coming up for hearing in near future, enlarges the appellant on bail.

Accordingly, I.A.No. 22512/2022 is allowed. The execution of jail sentence of appellant- Virendra is hereby suspended subject to depositing of the fine amount, (if not already deposited). It is directed that the appellant be released on bail on her furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent surety of Rs.25,000/- each to

the satisfaction of the trial court with a further direction to appear before the trial Court on 13.06.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

      (SHEEL NAGU)                                                                                     (HIRDESH)
          JUDGE                                                                                          JUDGE

  vibha
VIBHA
          Digitally signed by VIBHA PACHORI

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, 2.5.4.20=63ade6a8efe1a32216bb40cba34e4ccad becca47ba9fb326339dcb3a0aa8324a,

PACHORI postalCode=482001, st=Madhya Pradesh, serialNumber=ECF1C4B9939647F806353FB8EEF B2CFCA8D6FDAF8339ACC3728BC3A5D1ECA843, cn=VIBHA PACHORI Date: 2023.05.08 04:55:41 -07'00'