Anil Sen vs The State Of Madhya Pradesh
2023 Latest Caselaw 17711 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRA No. 824 of 2012
                                               (ANIL SEN Vs THE STATE OF MADHYA PRADESH)

                         Dated : 25-10-2023
                               Shri Yashraj Singh Parihar - Advocate for appellant - Anil Sen.

                               Shri Ajay Shukla, Govt. Advocate for the respondent-State.

Heard on I.A No.7927 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Anil Sen arising out of judgment dated 29/02/2012 delivered in S.T. No.17/2011 passed

by Additional Sessions Judge, Bhopal.

T h e appellant has been convicted for the offence punishable under Section 302 of IPC and sentenced to undergo R.I. for Life with fine of Rs.25,000/- and Section 25(1-B)(b) of Arms Act and sentenced to undergo R.I. for one year with fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellant at the outset fairly submits that his previous applications for suspension of sentence were dismissed on merit but fact remains that he remained in actual custody for more than 13 years. The final hearing of this appeal is not possible in near future. Considering the period of

custody, his remaining jail sentence may be suspended.

Learned Government Advocate opposed the prayer but did not dispute regarding custody period of the appellant.

Considering the aforesaid factual backdrop and period of custody coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No.7927 of 2023 is allowed.

Signature Not Verified Signed by: MANJU Signing time:

10/26/2023 10:35:48 AM

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant - Anil Sen 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, Bhopal on 4 th 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

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
10/26/2023 10:35:48 AM