Shivkumar @ Manje Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 6575 MP

Madhya Pradesh High Court

Shivkumar @ Manje Yadav vs The State Of Madhya Pradesh on 4 March, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                               1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                        CRA No. 621 of 2023
                                         (SHIVKUMAR @ MANJE YADAV Vs THE STATE OF MADHYA PRADESH)

                         Dated : 04-03-2024
                               Shri Vikesh Pratap Singh - Advocate for appellant.

                               Shri Vinay Sharma - Panel Lawyer for respondent/State.

Heard on I.A No.4004/2024, which is third application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant has been convicted for the offence punishable under Sections 307 of IPC and sentence to undergo R.I. for 7 years with fine of Rs.5,000/-, with default stipulations.

Learned counsel for the appellant submits that the maximum jail sentence of appellant is of seven years and the appeal would take considerable time to conclude. They are ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the applications for suspension of sentence may be considered.

On the other hand, learned counsel for the State has opposed the

applications and prayed for its rejection.

Heard counsel for the parties and perused the judgment and record of the court below.

This repeat application for suspension of sentence has been argued on the ground of long period of custody and also on the ground of contradictory and hostile testimony of relevant witnesses. It has also been argued that stone allegedly used for causing injury was recovered from an open place and was not sent to doctor for examination whether the injury could have been caused by it.

Having considered the fact that the appeal has not yet been listed for final hearing since the rejection of earlier application for suspension of sentence and also the long period of custody of appellant for almost four years, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 20.05.2024 and on such other

dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid application stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE pnm