Sunil Goud vs The State Of Madhya Pradesh
2024 Latest Caselaw 16470 MP

Madhya Pradesh High Court

Sunil Goud vs The State Of Madhya Pradesh on 31 May, 2024

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 2321 of 2015
                                          (SUNIL GOUD AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-05-2024
                                 Shri Nitin Singh Thakur - Advocate for appellant.

                                 Shri    Pramod      Kumar      Thakre    -   Government       Advocate   for
                           respondent/State.

Pursuant to order dated 07.05.2024, State counsel has produced custody status report of appellant No.2- Laxmi Bai sent by Jail Superintendent, Central

Jail, Jabalpur vide letter dated 11.05.2024.

The said report dated 11.05.2024 be taken on record.

I.A. No.6288/2024, repeat (fifth) application filed fo r suspension of sentence u/S.389(1) of Cr.P.C. on behalf of appellant No.2- Laxmi Bai after rejection of earlier ones on 05.01.2023, is taken up and considered alongwith objection of the State.

T his criminal appeal assails judgment dated 10.08.2015 passed in Sessions Trial No.298/2014 by IInd Additional District Judge, District Jabalpur (M.P.) whereby appellant has been convicted u/S.302 of IPC and sentenced to

undergo Life Imprisonment with fine of Rs.1,000/- with default stipulation.

Prosecution story found to be proved in short is that appellant No.2- Laxmi Bai has been convicted for offence of murder of her daughter-in-law and sentenced to undergo Life Imprisonment.

The sole ground raised in this appeal is that appellant No.2 has suffered more than 10 years of custody period.

State counsel opposed the application and prayed for its rejection on the basis of the allegations and the material available on record.

Considering the above and the fact that appellant No.2- Laxmi Bai has suffered more than 10 years of incarceration and there is no hope of this appeal coming up of hearing in near future, without commencing upon merits of the case, this Court is inclined to grant bail to appellant. Hence, I.A. No.6288/2024 is allowed.

It is directed that jail sentence of appellant No.2- Laxmi Bai will remain under suspension subject to deposit of fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of Rs.25,000/- to the satisfaction of concerned available Magistrate for her appearance before concerned available Magistrate

on 29.07.2024 and on such further dates as may be fixed in this regard which shall be of frequency not less than once a year.

Further it is directed that in case, appellant No.2 is found absent on any date fixed by the concerned available Magistrate, then concerned available Magistrate shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

A copy of this order be sent to the trial Court concerned for compliance. C.C. as per rules.

                                    (SHEEL NAGU)                          (AMAR NATH (KESHARWANI))
                                ACTING CHIEF JUSTICE                               JUDGE

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