Sanjay Singh Khairwar vs The State Of Madhya Pradesh
2024 Latest Caselaw 3333 MP

Madhya Pradesh High Court

Sanjay Singh Khairwar vs The State Of Madhya Pradesh on 5 February, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12518 of 2023 (SANJAY SINGH KHAIRWAR Vs THE STATE OF MADHYA PRADESH)

Dated : 05-02-2024 Shri Rajesh Awasthi - Advocate for the appellant.

Ms. Arti Dwivedi - Panel Lawyer for the State.

The appeal being arguable is admitted for final hearing. Heard on I.A.No.23482/2023, which is the first application under Section 389(1) of the Cr.P.C. filed on behalf of appellant for suspension of sentence

and grant of bail.

T he appellant has been convicted and sentenced as mentioned in the impugned judgment dated 28/02/2023 passed by the IV Additional Sessions Judge, District Singrauli, Headquarter Waidhan in S.T. No.1500037/2012.

Learned counsel for the appellant contends that the appellant has already suffered maximum period of incarceration and, therefore, taking into consideration the period of incarceration, the appellant be enlarged on bail. Learned counsel further submits that the sentence pertaining to deposit of fine amount be also suspended during the pendency of the present appeal. Learned

counsel contends that there is no likelihood of final hearing of the instant appeal in the near future.

Learned counsel for the State has opposed the prayer for suspension of sentence and grant of bail to the appellant.

Considering the totality of circumstances and also the fact that as per the chart appended to the impugned judgment of conviction, the appellant has already suffered incarceration of 11 years 6 months and 16 days as against the maximum sentence of 10 years, this Court deems it proper to enlarge the

appellant on bail. The I.A. No.23482/2023 is allowed.

I t is directed that the execution of the jail sentence passed against the appellant shall remain suspended during pendency of this appeal and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 27/05/2024 and on such further dates as may be fixed by the trial Court in this regard during the pendency of this appeal. The sentence as regards deposit of fine amount shall also remain suspended during pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE

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