Gollo @ Ramgopal vs The State Of Madhya Pradesh
2023 Latest Caselaw 16466 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 136 of 2015 (GOLLO @ RAMGOPAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 06-10-2023 Shri Jagat Kumar Deharitya -Advocate for the appellants.

Shri Pramod Kumar Pandey - Government Advocate for the State.

I.A. No.19746/2023, repeat (fifth) application filed u/S.389(1) of Cr.P.C. for suspension of sentence on behalf of appellant No.1 Goloo @ Ramgopal 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 31.12.2014 passed in S.T. No.92/2012 by the I Additional Sessions Judge, District Dindori (M.P.) whereby appellant No.1 has been convicted u/S.302/34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with default stipulations.

The issue of suspension of sentence has earlier been considered against appellant No.1 on 18.09.2017, who is husband of deceased.

The new ground raised by learned counsel for the appellants is that appellant No.1 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 No.1.

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 merits of the matter, this Court is inclined to grant bail to appellant No.1 by way of suspension of sentence. Hence, I.A. No.19746/2023 is allowed.

It is directed that jail sentence of appellant No.1- Goloo @ Ramgopal Signature Not Verified Signed by: MOHD MOHSIN QURESHI Signing time: 10/7/2023 10:45:16 AM

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 No.1 shall also mark his appearance before the local Police Station once in every month.

I n case, appellant No.1 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