Sudama vs The State Of Madhya Pradesh
2024 Latest Caselaw 6283 MP

Madhya Pradesh High Court

Sudama vs The State Of Madhya Pradesh on 29 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 1633 of 2014
                                               (SUDAMA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-02-2024
                                 Ms. Archana Tiwari - Advocate for the appellant.

                                 Shri Arvind Singh - Government Advocate for the respondent-State of

M.P.

Heard on I.A. No. 99 of 2024 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant- Sudama

arising out of judgment dated 18.12.2013 delivered in S.T. No.94/2013 passed by Second Additional Sessions Judge, Waraseoni, district Balaghat.

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.1000/- with default stipulation.

Learned counsel for the parties jointly urged that by now the appellant remained in actual custody for more than ten years.

Ms. Tiwari, learned counsel for the appellant urged that factual matrix shows that a sudden quarrel had taken place in which the appellant caused

injuries by means of a danda. Necessary ingredients to attract offence under Section 302 of IPC are absent. Final hearing of this appeal is not possible in near future, thus, the remaining jail sentence of appellant may be suspended.

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

Considering the period already undergone by the appellant and little 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. 99 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- Sudama 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, Balaghat on 29.04.2024 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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