Citation : 2024 Latest Caselaw 6284 MP
Judgement Date : 29 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2062 of 2013
(GUDDU SENI @ JAGDISH PRASAD SENI Vs THE STATE OF MADHYA PRADESH)
Dated : 29-02-2024
Shri M.K. Chaturvedi - Advocate for the appellant.
Shri Arvind Singh - Government Advocate for the respondent-State of
M.P.
Heard on I.A. No. 26384 of 2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out
of judgment dated 19.3.2013 delivered in S.T. No.299/2011 passed by Additional Sessions Judge, Hoshangabad.
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 appellant submits that by now the appellant remained in custody for ten years, ten months and eleven days. The prosecution story shows that the incident had taken place suddenly. 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 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. 26384 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-Guddu Seni @ Jagdish Prasad Seni 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, Hoshangabad 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
bks
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