Bhupendra @ Nanhu vs The State Of Madhya Pradesh
2024 Latest Caselaw 5947 MP

Madhya Pradesh High Court

Bhupendra @ Nanhu 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. 605 of 2011
                                         (BHUPENDRA @ NANHU Vs THE STATE OF MADHYA PRADESH)

                         Dated : 27-02-2024
                               Ms. Saritha Achary - Advocate for the appellant.

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

Heard on I.A.No. 28360 of 2023, an application under Section 389(1) o f the Cr.P.C for suspension of sentence and grant of bail to appellant - Bhupendra @ Nanhu arising out of judgment dated 18/02/2011 delivered in

S.T.No.162/2010 by the Sessions Judge, Narsinghpur (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. 1000/-, with default stipulation.

Learned counsel for the appellant submits that no application for suspension of sentence of appellant was ever dismissed on merits. By now appellant remained in actual custody for more than 13 years. 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.

The record shows that appellant is in custody since 18/06/2010. 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.28360 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 - Bhupendra @ Nanhu 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, Narsinghpur on 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