Laxminarayan vs The State Of Madhya Pradesh
2023 Latest Caselaw 7689 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 2463 of 2013
                                       (LAXMINARAYAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-05-2023
                                Ms. Durgesh Gupta - Advocate for the appellant no.1- Laxminarayan.

                                Shri Yogesh Dhande - Government Advocate for the respondent/State.

Heard on I.A No.21315 of 2021, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant no.1- Laxminarayan out of judgment dated 7/01/2013 delivered in S.T. No.02 of

2013 by learned Ist Additional Sessions Judge, Sehore.

The appellant no. 1 has been convicted and sentenced under Section 302/34 of IPC to undergo RI for Life with fine of 1000/- and under Section 294 of IPC to undergo RI for three months.

Learned counsel for appellant no. 1 fairly informed that although the previous application of this appellant was dismissed on merits by this court on 9.3.2015 but the fact remains that the appellant no. 1 remained in actual custody for more than ten years and final hearing of this appeal is not possible in near future. The incident has taken place suddenly without there being any

pre- meditation. Thus, the remaining jail sentence of appellant no. 1 may be suspended.

The prayer is opposed by learned counsel for the State on the strength of objection.

Considering the aforesaid period of custody coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant no.1. Accordingly, I.A No.21315 of Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 5/11/2023 1:42:09 PM

2021 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant no.1 - Laxminarayan is hereby suspended and it is directed that this appellant no.1 be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Sehore on 12th July, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                                (SUJOY PAUL)                              (AVANINDRA KUMAR SINGH)
                                   JUDGE                                           JUDGE

                          bks




Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 5/11/2023
1:42:09 PM