Sachin @ Sanju Sonkar vs The State Of Madhya Pradesh
2024 Latest Caselaw 4687 MP

Madhya Pradesh High Court

Sachin @ Sanju Sonkar vs The State Of Madhya Pradesh on 17 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 2527 of 2018
                                   (SACHIN @ SANJU SONKAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 17-02-2024
                                 Shri V..P. Singh - Advocate for the appellant.

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

M.P.

Heard on I.A. No. 22902 of 2023 repeat application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant-

Sachin @ Sanju Sonkar arising out of judgment dated 22.3.2018 delivered in S.T. No.146 of 2016 by Eleventh Additional Sessions Judge, Jabalpur.

The appellant has been convicted and sentenced for the offence punishable under Section 302/34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.3000/- with default stipulation.

Learned counsel for the appellant while referring the prosecution version submits that the incident occurred without any pre- meditation and on the spur of moment. It is further submitted that as per medical report the deceased was having three stab wounds and one abrasion. The present appellant is alleged to

be armed with lathi and the other co- accused person is alleged to be armed with knife. Thus, fatal injuries are not attributable to the present appellant.

Learned counsel for the appellant further submits that the appellant has already spent almost six years of actual jail custody. The appeal is of the year 2018 and final hearing of the appeal is not possible in near future. Hence, remaining jail sentence of the present appellant be suspended.

Learned counsel for the State per contra has opposed the application of the present appellant on the basis of written objection. It is further intimated by

learned counsel for the State that apart from the present case there are no criminal antecedents of the present appellant.

Considering the aforesaid factual aspect, custody period 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. 22902 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- Sachin @ Sanju Sonkar 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 on 23rd 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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