Citation : 2023 Latest Caselaw 7802 MP
Judgement Date : 11 May, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 784 of 2015
(RAMU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 11-05-2023
Shri Anil Ojha, learned counsel for the appellant.
Shri Amit Rawal, learned Government Advocate for the State.
Heard on I.A. No. 6571/2023, which is tenth application filed under
Section 389(1) of Cr.P.C for suspension of jail sentence and grant of bail filed
on behalf of the appellant no.2-Sumit Verma.
T he appellant has been convicted under Section 364(A) and 120-B of
I.P.C. and sentenced to undergo life imprisonment with fine of Rs. 10,000/-
with default stipulation vide judgment of conviction and order of sentence dated
20.06.2015 passed in S.T. No. 132/2014.
Learned counsel for the appellant submits that he has falsely been
implicated in this case. The abductee is also having criminal record. No injuries
were caused to him and there is no demand of money. This appeal is of the
year 2015 is not likely to come up for final hearing.
Learned counsel for the respondent/State opposes the application for
suspension of sentence.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserves to be allowed.
Accordingly, I.A. No. 6571/2023 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant No.2-Sumit Verma in the sum of Rs.50,000/- (Rupees Fifty Signature Not Verified Signed by: SREEVIDYA Signing time: 5/11/2023 5:32:35 PM
thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal. The appellant after being enlarged on bail, shall mark his presence before concerned trial court on 11.12.2023 and on all such subsequent dates, which are fixed in this regard by Trial Court concerned.
I.A. No. 6571/2023 disposed off.
Certified copy, as per rules.
(VIVEK RUSIA) (ANIL VERMA)
JUDGE JUDGE
vidya
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 5/11/2023
5:32:35 PM
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