Raju Nath vs The State Of Madhya Pradesh
2024 Latest Caselaw 4051 MP

Madhya Pradesh High Court

Raju Nath vs The State Of Madhya Pradesh on 12 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 1911 of 2015
                                              (RAJU NATH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-02-2024
                                 Shri S.S. Baghel - Advocate for the appellant.

                                 Shri Yogesh Dhande - Government Advocate for the respondent-State of

M.P.

Heard on I.A. No.29096 of 2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Raju Nath

arising out of judgment dated 01.10.2014 delivered in S.T. No.356 of 2014 by Sessions Judge, Bhopal, M.P. The appellant has been convicted and sentenced for the offence punishable under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5000/- with default stipulation.

Learned counsel for the appellant submits that the appellant remained in actual custody for more than ten years. The factual background of the matter shows that the incident had taken place suddenly and in the spur of moment, the appellant caused knife injury. The appellant had no intention to cause death. At

best offence may be under Section 304, Part-1 of IPC. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Learned Government Counsel for the State has no objection. Considering period of custody and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.29096 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant - Raju Nath 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 22nd of April 2024 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)                                             (VIVEK JAIN)
                                   JUDGE                                                    JUDGE

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