Shanker Lal Pandey vs The State Of Madhya Pradesh
2024 Latest Caselaw 16218 MP

Madhya Pradesh High Court

Shanker Lal Pandey vs The State Of Madhya Pradesh on 30 May, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12674 of 2022 (SHANKER LAL PANDEY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 30-05-2024 Shri Ranjan Banerjee - Advocate for the appellant.

Shri Shailendra Mishra - Panel Lawyer for the State.

The appeal being arguable is admitted for final hearing. Heard on I.A.No.12326/2024, which is the second application under Section 389(1) of the Cr.P.C. filed on behalf of appellant for suspension of

sentence and grant of bail, the earlier one was dismissed as not pressed.

The appellant has been convicted and sentenced under sections 420, 467, 468 and 120-B of IPC to suffer rigorous imprisonment for 3 years, 7 years, 5 years and 3 years and fine of Rs.5000/-, Rs.10000/-, Rs.5000/- and Rs.5000/- respectively, with default stipulations.

Learned counsel for the appellant contends that the appellant is now aged about 64 years and he has completed approximately 2 years and five months imprisonment as against the sentence of 7 years for the offence under Section 467 of IPC.

It is contended by the counsel that paragraph 49 of the judgment of the trial Court reflects that PW-03, Ramkali has admitted that she is in possession of the land in question and the disputed sale-deed has also been cancelled. It is also contended by the learned counsel that the co-accused has been enlarged on bail by this Court vide order dated 12-02-2024. Thus, submits that the present appellant also deserves to be enlarged on bail.

Learned counsel for the State has opposed the prayer for suspension of sentence and grant of bail the the appellant.

Considering the totality of circumstances and also the fact that the appellant has suffered incarceration of approximately 2 years and five months as against the sentence of 7 years, this Court deems it proper to enlarge the appellant on bail. The I.A. No.12326/2024 is allowed.

I t is directed that the execution of the remaining jail sentence passed against appellant - Shankarlal Pandey shall remain suspended during pendency of this appeal and he be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on

09/09/2024 and on such further dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE

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