Santosh Shukla vs The State Of Madhya Pradesh
2023 Latest Caselaw 18700 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRA No. 2046 of 2011
                                           (SANTOSH SHUKLA Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-11-2023
                               Shri Sanjay Kumar Sharma - Advocate for appellant.

                               Shri Akhilendra Singh - Government Advocate for the respondent-State.

Heard on I.A. No.21765 of 2023, an application under Section 389(1) o f the Cr.P.C for suspension of sentence and grant of bail to appellant Santosh Shukla arising out of judgment dated 19/08/2011 delivered in S.T.

No.314/2009 passed by Sessions Judge, Chhatarpur District Chhatarpur (MP).

T h e appellant has been convicted for the offence punishable under Section 302 r/w 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/-, with default stipulation.

Learned counsel for the appellant submits that as per finding given in the impugned judgment, the appellant is actual custody from 07/10/2009 continuously. The final hearing of this appeal is not possible in near future. The factual backdrop of incident shows that it had taken place suddenly and was not an outcome of any calculated attempt or intention. Considering the period

of custody, remaining jail sentence of the appellant may be suspended.

Learned Government Advocate opposed the prayer on the basis of previous objection.

Considering the period of custody and bleak chances of final hearing of this appeal in near future, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A. No.21765 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the Signature Not Verified Signed by: MANJU Signing time:

11/7/2023 3:18:51 PM

remaining jail sentence of this appellant is hereby suspended and it is directed that appellant Santosh Shukla 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, Chhatarpur on 4 th of December, 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)                                               (VINAY SARAF)
                               JUDGE                                                       JUDGE

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
11/7/2023 3:18:51 PM