Santosh @ Badal vs The State Of Madhya Pradesh
2023 Latest Caselaw 17712 MP

                                                                1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRA No. 200 of 2015
                                           (SANTOSH @ BADAL Vs THE STATE OF MADHYA PRADESH)

                         Dated : 25-10-2023
                                Shri Shreyash Pandit - Advocate for appellant - Santosh @ Badal.

                                Shri Ajay Shukla - Government Advocate for the respondent-State.

Heard on I.A. No.24965 of 2023, an application under Section 389(1) o f the Cr.P.C for suspension of sentence and grant of bail to appellant - Santosh @ Badal arising out of judgment dated 27/12/2014 delivered in S.T.

No.77/2013 passed by Additional Sessions Judge, Burhanpur.

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.1000/-, with default stipulation.

Learned counsel for the appellant at the outset fairly submits that no doubt his previous application for suspension of sentence was dismissed on merits on 13/05/2015, the appellant was given liberty to renew the application by subsequent order after completion of 10 years of actual sentence. The appellant has already undergone the sentence of 10 years and possibility of final hearing

of this appeal is not possible in near future. Thus, remaining jail sentence of the appellant may be suspended.

Learned Government Advocate opposed the prayer but he did not dispute that appellant remained in actual custody for more than 10 years by now.

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 Signature Not Verified Signed by: MANJU Signing time:

10/26/2023 10:35:48 AM

to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No.24965 of 2023 is allowed.

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 - Santosh @ Badal 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, Burhanpur o n 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