Manju vs The State Of Madhya Pradesh
2023 Latest Caselaw 7767 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 3028 of 2014
                                           (MANJU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-05-2023
                                Shri V.P. Singh - Advocate for the appellant No.1 Manju.

                                Shri A.N. Gupta - Government Advocate for the respondent / State.

Heard on I.A No. 7361 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 Manju arising out of judgment dated 26.09.2014 delivered in ST No. 327/2012

by IVth Additional Sessions Judge Chhindwara.

The appellant has been convicted under Section 302 r/w Section 120-B of IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/- and under Section 201 of IPC and sentenced to undergo R.I. for 1 years with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant fairly submitted that his previous application was not entertained on 22.01.2015. However, appellant is in actual custody from 22.10.2012 and completed more than 10 years in custody. Final hearing of this appeal is not possible in near future. Thus, the remaining jail

sentence of this appellant may be suspended. In addition, reliance is placed on para-63 of impugned judgment wherein Court has found the appellant guilty along with co-accused Vimal on the basis of last seen theory. It is submitted that Vimal got benefit of suspension of sentence on 22.01.2015. For these reasons, this appellant may be given benefit of suspension of sentence.

Learned G.A. opposed the prayer.

Considering the period of custody coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 5/12/2023 10:11:30 AM

remaining jail sentence of appellant No. 1 Manju Accordingly, I.A.No.7361 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant No.1 Manju is hereby suspended and it is directed that on furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) along with one solvent surety in the like amount to the satisfaction of the trial Court, appellant No.1 Manju be released on bail with a further direction to remain present before the Trial Court, Chhindwara on 12th July, 2023 and 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)                                 (AMAR NATH (KESHARWANI))
                                JUDGE                                              JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 5/12/2023
10:11:30 AM