Badri Prasad Jaiswal vs The State Of Madhya Pradesh
2023 Latest Caselaw 17715 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 9107 of 2018
                                     (BADRI PRASAD JAISWAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-10-2023
                                 Shri S.K. Pathak - Advocate for appellants No.1, 2 and 3.

                                 Shri Arvind Singh - Government Advocate for the respondent-State.

Heard on I.A No.23904 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellants-Badri Prasad Jaiswal, Savitri Devi and Renu Jaiswal arising out of judgment

dated 25.08.2018 delivered in S.T. No.21/2014 passed by Sessions Judge Satna, District - Satna.

T he appellants have been convicted for the offence punishable under Section 302/34 of IPC and sentenced to undergo for life imprisonment with the fine of Rs.500-500 each with default stipulations.

Learned counsel for the appellants submits that as per prosecution story, the appellants caught hold of the deceased and his wife and daughter poured kerosene and set the deceased ablaze. The appellants remained in actual custody for more than ten years. The final hearing of this appeal is not possible

in near future. Thus, remaining jail sentence of the appellants may be suspended.

Learned Government Advocate opposed the prayer on the basis of dying declaration and the previous orders rejecting the bail applications of appellants but did not dispute about the actual period of custody of the appellants.

Considering the actual period of custody of more than ten years and the fact that possibility of final hearing of this appeal of 2018 in near future is bleak, we deem it proper to suspend the remaining jail sentence of the appellants. Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 10/26/2023 3:53:36 PM

Accordingly, I.A No.23904 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellants are hereby suspended and it is directed that appellants-Badri Prasad Jaiswal, Savitri Devi and Renu Jaiswal be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear

before the trial Court, Satna, District-Satna 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

                           HK




Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 10/26/2023
3:53:36 PM