Shankarlal vs The State Of Madhya Pradesh
2023 Latest Caselaw 16463 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2539 of 2016 (SHANKARLAL Vs THE STATE OF MADHYA PRADESH)

Dated : 06-10-2023 Shri Manish Datt - Senior Advocate with Shri Nishank Pal Verma -

Advocate for the appellant.

Shri Pramod Kumar Pandey - Government Advocate for the State.

I.A. No.7904/2022, repeat (third) application filed u/S.389(1) of Cr.P.C. for suspension of sentence on behalf of appellant is taken up and considered

alongwith the reply of the State to one of earlier applications for suspension of sentence filed u/S.389(1) of Cr.P.C.

This criminal appeal assails impugned judgment dated 12.08.2016 passed in S.T. No.210/2012 by the XII Additional Sessions Judge, District Jabalpur (M.P.) whereby appellant has been convicted u/S.120-B, 302/34 and 201 of IPC and sentenced to undergo Life Imprisonment (two counts) and R.I. for five years with fine of Rs.2,000/-, Rs.2,000/- and Rs.1,000/- respectively with default stipulations.

The issue of suspension of sentence has earlier been considered against

appellant on 13.09.2019.

T h e new ground raised by learned counsel for the appellant is that appellant has completed more than ten years of incarceration.

The objection filed by the State to one of earlier applications does not disclose presence of criminal antecedents of appellant.

Considering the law laid down by Apex Court in Saudan Singh vs. State of U.P., 2022 SCC Online SC 697 and in absence of criminal antecedents and extreme incriminating circumstance, without entering into the Signature Not Verified Signed by: MOHD MOHSIN QURESHI Signing time: 10/7/2023 10:45:16 AM

merits of the matter, this Court is inclined to grant bail to appellant by way of suspension of sentence. Hence, I.A. No.7904/2022 is allowed.

It is directed that jail sentence of appellant - Shankarlal will remain under suspension subject to deposit of fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of concerned available Magistrate for his appearance before concerned available Magistrate on 18.12.2023 and on such further dates as may be fixed in this regard.

The appellant shall also mark his appearance before the local Police Station once in every month.

In case, appellant is found absent on any date fixed by the concerned available Magistrate, then concerned available Magistrate shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

A copy of this order be sent to the trial Court concerned for compliance. List for final hearing in due course.

C.C. as per rules.

                             (SHEEL NAGU)                                                     (HIRDESH)
                                JUDGE                                                           JUDGE

                          mohsin




Signature Not Verified
Signed by: MOHD MOHSIN
QURESHI
Signing time: 10/7/2023
10:45:16 AM