Jamali vs The State Of Madhya Pradesh
2023 Latest Caselaw 7680 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2224 of 2011 (JAMALI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 10-05-2023 Shri Nitin Dubey- Advocate for the appellant.

Shri GS Thakur- Govt. Advocate for the State.

Heard on I.A. No.22451/2022, this is the repeat (6th) application for suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of appellant No.2 Sahwan. His earlier applications were

dismissed as withdrawn.

Appellant No.2 has been convicted for the offence punishable under Section 302/34 and 307/34 of IPC and sentenced to R.I. for life with fine of Rs.2000/- and R.I. for five years with fine of Rs.1000/- respectively, with default stipulations.

It is submitted that as per the custody report, the appellant has completed 13 years and 06 months of his jail sentence and the appeal is going to take a long time to be heard finally, and the incident happened on the spur of moment.

Considering that the appellant has completed 13 years and 06 months of

jail sentence, without adverting to the merits of the case, I.A. No.22451/2022 is allowed in the light of judgment of the Apex Court passed in the case of Saudan Singh vs. State of Uttar Pradesh (Criminal Appeal No.308/2022).

Remaining jail sentence of appellant No.2 is hereby suspended subject to depositing the fine amount and furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, with a further direction to appear before the Registry of this Court firstly on 03.10.2023, and also on such other Signature Not Verified Signed by: MANZOOR AHMED Signing time: 5/11/2023 10:00:24 AM

dates as may be fixed by the Registry in this regard during pendency of this appeal.

Let the appeal be listed for final hearing in due course. Certified copy as per rules.

                             (NANDITA DUBEY)                                   (DINESH KUMAR PALIWAL)
                                 JUDGE                                                  JUDGE

                          Ansari




Signature Not Verified
Signed by: MANZOOR
AHMED
Signing time: 5/11/2023
10:00:24 AM