Kalu @ Rampratap vs The State Of Madhya Pradesh
2024 Latest Caselaw 5942 MP

Madhya Pradesh High Court

Kalu @ Rampratap vs The State Of Madhya Pradesh on 27 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3890 of 2019 (KALU @ RAMPRATAP AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 27-02-2024 Shri P.K. Naveria - Advocate for the appellant No.4 - Nokelal Yadav.

Shri Arvind Singh - Government Advocate for the State.

Heard on I.A. No.44 of 2024, fourth application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.4 - Nokelal Yadav arising out of judgment dated 10.04.2019 delivered in S.T.

No.81/2017 by IInd Additional Sessions Judge, Sagar, Distt. Sagar.

The appellant h a s been convicted under Section 148 of IPcCand sentenced to undergo R.I. for 02 years with fine of Rs. 500/-, under Section 302/149 of IPC sentenced to undergo life imprisonment with fine of Rs. 1000/- and under Section 307/149 of IPC sentenced to undergo R.I. for 7 years with fine of Rs. 500 with default stipulations.

Learned counsel for the appellant submits that the appellant was aged about 56 years in the year 2016. Presently he is a senior citizen. The prosecution story shows that there are omnibus allegations agaisnt the accused persons. The

appellant is in custody with effect from 28.06.2017. The final hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of appellant may be suspended.

Learned Government Counsel for the State opposed the prayer on the basis of objection.

Considering the age of appellant, bleak chances of final hearing in near future, aforesaid factual backdrop and without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining

jail sentence of this appellant.

Accordingly, I.A. No. I.A. No.44 of 2024,, 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 the appellant No.4- Nokelal Yadav 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 Sagar on 29.04.2024 and also on such further 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

                          sarathe