Anand Kumar vs The State Of Madhya Pradesh
2024 Latest Caselaw 5946 MP

Madhya Pradesh High Court

Anand Kumar vs The State Of Madhya Pradesh on 27 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                     CRA No. 1765 of 2012
                                            (ANAND KUMAR Vs THE STATE OF MADHYA PRADESH)

                         Dated : 27-02-2024
                                Ms. Namrata K. Agrawal - Advocate for the appellant.

                                Mr. Akhilendra Singh - Government Advocate for the respondent/State.

Heard on I.A.No.4999 of 2024, which is 6th application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant

- Anand Kumar arising out of judgment dated 30/07/2012 delivered in

S.T.No.139/2009 by the Additional Sessions Judge, Umaria (MP).

Learned Government Advocate adopts previous objection. The appellant has been convicted under Section 302 of IPC and sentence to undergo R.I. for Life with fine of Rs. 2000/- and Section 201 of IPC and sentence to undergo R.I. for one year with fine of Rs.500/-, with default stipulation.

Learned counsel for the appellant at the outset fairly submits that although his previous application for suspension of sentence was dismissed on merits on 12/12/2012, by now the appellant has remained in actual custody for almost 12

years. By taking this Court to the prosecution story, it is submitted that incident had taken place suddenly on spur of moment and therefore, necessary ingredients for attracting Section 302 of IPC were absent. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Learned G.A. opposed the prayer but did not dispute the period of custody.

Considering the period of custody and bleak chances of final hearing of

this appeal, without commenting on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.4999 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 appellant - Anand Kumar 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, Umaria o n 29 th 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

                         manju