Citation : 2023 Latest Caselaw 7696 MP
Judgement Date : 10 May, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 924 of 2016
(RAMESHTHA YADAV @MONU YADAV Vs THE STATE OF MADHYA PRADESH)
Dated : 10-05-2023
Shri Jitendra Tiwari - Advocate for appellant.
Shri Pramod Kumar Pandey -Government Advocate for
respondent/State.
I.A. No.24045/2022 has been wrongly listed since interim suspension has already been granted.
Accordingly, I.A. No.24045/2022 stands dismissed as infructuous. Heard on I.A. No. 3514/2023, which is third application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant- Rameshtha Yadav @ Monu Yadav.
The appellant has been convicted under Sections 302/34 of I.P.C and has been sentenced to undergo R.I. for life and fine of Rs.5000/- with default stipulation by Additional Sessions Judge to the Court of First Additional Sessions Judge/Special Judge (Atrocities), Satna, vide judgment dated 16.02.2016 passed in Session Trial No. 129/2011.
It is seen that though the appellant is main accused who has caused fatal gun shot injury but considering the fact that he has suffered 12 years and 03 months of custody period as against life sentence imposed and there are no antecedents as per the record of this case, this Court without entering into the merits of the matter is inclined to grant bail to appellant by way of suspension of sentence.
Accordingly, I.A. No. 3514/2023 is allowed. The execution of jail sentence of appellant- Rameshtha Yadav @ Monu Yadav 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 his 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) (MANINDER S. BHATTI)
JUDGE JUDGE
DV
Digitally signed by
DINESH VERMA
Date: 2023.05.11
10:07:41 +05'30'
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