Arun Dangade vs The State Of Madhya Pradesh
2023 Latest Caselaw 18136 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 1355 of 2012
                                             (ARUN DANGADE Vs THE STATE OF MADHYA PRADESH)

                          Dated : 31-10-2023
                                Shri Arvind Chouhan - Advocate for the appellant.

                                Shri Jubin Prasad - Panel Lawyer for the respondent-State.

Heard on I.A. No. 25435 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Arun Da ng a de aris ing out of judgment dated 15.05.2012 delivered in S.T.

No.601/2011 passed by Additional Sessions Judge, Special Court No.2, Bhopal.

T h e appellant has been convicted for the offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs. 20,000/- with default stipulation.

Learned counsel for the appellant submits that although his previous application was dismissed on merits on 12.12.2012, the fact remains that appellant remained in actual custody for more than 12 years and with remission he has undergone 16 years sentence. Final hearing of this appeal is not possible

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

Learned Panel Lawyer opposed the prayer on the basis of previous objection, which was adopted by learned Panel Lawyer, but no doubt is raised on period of custody of the appellant.

Considering the period of actual 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.

Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 11/1/2023 10:45:24 AM

Accordingly, I.A No.25435 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 - Arun Dangade 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 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)                                (DINESH KUMAR PALIWAL)
                                  JUDGE                                             JUDGE

                          rj




Signature Not Verified
Signed by: RAJESH KUMAR
JYOTISHI
Signing time: 11/1/2023
10:45:24 AM