Ramzan vs Station House Officer The State Of ...
2023 Latest Caselaw 20100 MP

Madhya Pradesh High Court

Ramzan vs Station House Officer The State Of ... on 30 November, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                    1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                            CRA No. 1325 of 2011
      (RAMZAN AND OTHERS Vs STATION HOUSE OFFICER THE STATE OF MADHYA PRADESH)

Dated : 30-11-2023
       Shri Vikash Jyotishi - Advocate for the appellants.

       Shri Arvind Singh - Government Advocate for the respondent/State.

Heard on I.A. No.23186/2023 which is fourth application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant No.1- Ramzan arising out of judgment dated 30.04.2011 delivered in Sessions

Trial No.345/2010 by 7th Additional Sessions Judge, Sagar (FTC).

The appellant No.1 has been convicted under Section 302/34 of IPC and sentenced to undergo Life imprisonment with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellant submits that although his previous application was dismissed on merits on 22.07.2015, facts remain that he remained in actual custody for more than 13 years and 6 months and therefore, remaining jail sentence may be suspended.

The prayer is opposed by learned Government Advocate on the basis of

objection.

Considering the factual backdrop and period of actual custody coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A No.23186/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant No.1- Ramzan 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, Sagar on 08.01.2024 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)                                (BINOD KUMAR DWIVEDI)
                  JUDGE                                            JUDGE

         L.R.

Date: 2023.12.01 15:24:21 +05'30'