Citation : 2023 Latest Caselaw 17145 MP
Judgement Date : 13 October, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6957 of 2022
(RAJESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-10-2023
Shri M. R. Verma - Advocate for the appellant No.2 Anand.
Shri Manu V. John- Panel Lawyer for respondent/ State.
Heard on I.A No.19207/2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2 Anand arising out of judgment dated 28/07/2022 delivered in Special Case No.16/2020
by Special Judge, SC/ST (Prevention of Atrocities) Act, Chhindwara.
The appellant has been convicted under Section 307, 34 of the I.P.C. and sentenced to undergo R.I. for seven years with fine of Rs.1,000/- with default stipulation.
Learned counsel for the appellant No.2 submits that total period of sentence is seven years out of which appellant has undergone more than four years actual sentence. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of this appellant may be suspended.
Learned Panel Lawyer opposed the prayer, but does not dispute that
appellant No.2 Anand has undergone actual sentence of more than four years.
Considering the aforesaid, we deem it proper to suspend the remaining jail sentence of appellant No.2 - Anand.
Accordingly, I.A No.19207 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.2 is hereby suspended and it is directed that appellant No.2 - Anand be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/13/2023 5:49:28 PM
solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Chhindwara o n 4th 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) (DWARKA DHISH BANSAL)
JUDGE JUDGE
b
Signature Not Verified
Signed by: BHARTI GADGE
Signing time: 10/13/2023
5:49:28 PM
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