Shridayal Lodh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16997 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 525 of 2020 (SHRIDAYAL LODH Vs THE STATE OF MADHYA PRADESH)

Dated : 12-10-2023 Shri Rajendra Pratap Singh - Advocate for the appellant.

Shri Akhilendra Singh - Government Advocate for the State.

Heard on admission.

Admit.

Heard on IA No.23284/2022, which is second application under Section

389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Shridayal Lodh. First application has been dismissed on merits vide order dated 19.09.2022.

Applicant has been convicted under Section 376(1) and 450 of IPC and sentenced to undergo RI for 10 years with fine of Rs.5000/-, RI for 5 years with fine of Rs.1000/- for respective offences with default stipulation vide judgment dated 31.12.2019 passed in SC No.20/2014 by Special Judge POCSO/Fourth Additional Sessions Judge, District Satna.

It is submitted by the counsel for the appellant that the appellant is in jail

for more than four years. It is further submitted that appeal is of the year 2020 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case; period of incarceration and the fact that appeal is of the year 2020 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/13/2023 10:03:12 AM

sentence and grant of bail.

Accordingly, IA No.23284/2022 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 18.12.2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/13/2023 10:03:12 AM