Madhya Pradesh High Court
Umesh Yadav vs The State Of Madhya Pradesh on 1 September, 2023
Author: Sheel Nagu
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7866 of 2022
(UMESH YADAV Vs THE STATE OF MADHYA PRADESH)
Dated : 01-09-2023
Shri Srijan Chourasiya - Advocate for the appellant.
Shri Harish Shukla - Panel Lawyer for the State.
I.A. No.18007/2023, second repeat application filed u/S.389 of Cr.P.C.
for suspension of sentence is taken up and considered alongwith the reply of
the State.
This criminal appeal assails the judgment dated 03.08.2022 passed in
S.T. No.59/2018 by Sessions Judge, Mandla (M.P.) whereby appellant has
been convicted u/S.395 of IPC and sentenced to undergo R.I. for 7 years with
fine of Rs.1,000/- with default stipulations.
Learned counsel for the State opposed the application and prayed for its
rejection by contending that on the basis of the allegations and the material
available on record, no case for suspension of sentence is made out.
Learned counsel for appellant submits that appellant has suffered little
more than two years of incarceration as against the sentence of 7 year's R.I.
awarded and there is no hope of appeal being decided in near future.
This is second repeal application u/S.389 of Cr.P.C. after rejection of
earlier one which was dismissed on 09.12.2022 on the ground that appellant was
absconding during trial thereby delaying process of trial. However, while
rejecting earlier application, liberty was extended to appellant to revisit the Court
after suffering some further reasonable period of custody.
Now period of custody of appellant is little more than two years and
considering the fact that sentence awarded is seven years, this Court is though
Signature Not Verified
Signed by: SATEESH
KUMAR SEN
Signing time: 9/1/2023
5:16:30 PM
inclined to grant bail to appellant by way of suspension of sentence but with
stringent condition. Hence, I.A. No.18007/2023 is allowed.
It is directed that jail sentence of appellant- Umesh Yadav will remain
under suspension subject to deposit of fine amount, if not already deposited,
and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only)
with two solvent sureties of the like amount to the satisfaction of concerned
available Magistrate for his appearance before concerned available Magistrate
on 22.11.2023 and on such further dates as may be fixed in this regard which
shall be of frequency not less than once a year.
In case, appellant is found absent on any date fixed by the concerned
available Magistrate, then concerned available Magistrate shall be free to issue
and execute warrant of arrest for securing his presence without first referring the
matter to this Court, provided the Registry of this Court is kept informed.
Appeal being arguable is admitted for final hearing.
A copy of this order be sent to the trial Court concerned for compliance.
C.C. as per rules.
(SHEEL NAGU)
JUDGE
Sateesh
Signature Not Verified
Signed by: SATEESH
KUMAR SEN
Signing time: 9/1/2023
5:16:30 PM
