Murli vs The State Of Madhya Pradesh
2023 Latest Caselaw 7681 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7674 of 2022 (MURLI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 10-05-2023 Shri Sanjay Patel- counsel for the appellant.

Ms.Seema Pandey- Panel Lawyer for the State.

Considered I.A.No.7718/20223, which is second application for suspension of sentence on behalf of appellant No.1- Murli.

Vide impugned judgment dated 27.8.2022 passed by the Fifth Additional

Sessions Judge, Mandla in S.T.No.77/20 the appellant has been convicted for offence under sections 307/34 of the Indian Penal Code and sentenced to undergo R.I. for 05 years and fine of Rs.2,000/- with default stipulation.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The main accused is Balram who caused injury by 'lathi'. The appellant has remained substantial period in custody. The jail sentence of Co-accused/Ram Kumar has been suspended vide order dated 31.3.2023. Final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of

the appellant.

Learned Panel Lawyer for the State has opposed the prayer for suspension of sentence.

Considered over all facts and circumstances of the case, principles of parity, statement of victim, main accused is Balram, period of custody and that final disposal of this appeal would take considerable time, without commenting Signature Not Verified SAN

on merits the case, the application is allowed. Digitally signed by RAJESH MAMTANI Date: 2023.05.10 17:02:30 IST

I t is directed that subject to depositing the fine amount, if not already

deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Murli shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 11.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.05.10 17:02:30 IST