Matadeen vs The State Of Madhya Pradesh
2023 Latest Caselaw 17812 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         CRA No. 211 of 2013
                                                (MATADEEN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-10-2023
                                 Shri V. P. Singh - Advocate for appellant - Matadeen.

                                 Shri Manhar Dixit - Panel Lawyer for the respondent-State.

Heard on I.A. No.20382 of 2023, an application under Section 389(1) o f the Cr.P.C for suspension of sentence and grant of bail to appellant - Matadeen arising out of judgment dated 24th March 2011 delivered in S.T.

No.511/2009 passed by Third Additional Sessions Judge, Jabalpur.

T h e appellant has been convicted for the offence punishable under Section 302/34 of IPC and sentenced to undergo R.I. for Life Imprisonment.

Learned counsel for the appellant at the outset submits that no doubt his certain previous applications for suspension of sentence were dismissed on merits, fact remains that the appellant by now has undergone more than thirteen years' actual jail sentence. Final hearing of this appeal of 2013 is not possible in near future. Thus, despite rejection of previous applications on merits, considering the period of custody, he may be given the benefit of suspension

of remaining jail sentence.

Learned Government Advocate opposed the prayer on the basis of objection but did not dispute about the period of custody of the appellant.

Considering the aforesaid factual backdrop and period of custody of the appellant and bleak possibility of final hearing of this appeal 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.20382 of 2023 is allowed.

Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 10/27/2023 10:40:54 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 - Matadeen 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, Jabalpur 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

                           bks




Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 10/27/2023
10:40:54 AM