Shailendra Kumar Gupta vs The State Of Madhya Pradesh
2024 Latest Caselaw 16472 MP

Madhya Pradesh High Court

Shailendra Kumar Gupta vs The State Of Madhya Pradesh on 31 May, 2024

Author: Vishal Mishra

Bench: Vishal Mishra

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 1444 of 2016
                                   (SHAILENDRA KUMAR GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 31-05-2024
                               Ms. Shweta Choudhary - Advocate for appellant No.2.

                               Shri Saurabh Shukla - Panel Lawyer for respondent/State.

Additional documents filed vide I.A. No.10092 of 2024 are taken on record.

Heard on I.A. No.9867 of 2024 which is an application seeking

modification of the order dated 16.04.2024 whereby the application seeking for suspension of sentence on behalf of appellant No.2 - Sandeep Kumar Gupta was allowed and he was directed to be enlarged on bail subject to he depositing the fine amount and on furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the trial Court.

Vide impugned judgment, appellant No.2 has been convicted for the offence under Section 302 read with Section 34 of IPC and sentenced to undergo R.I. for Life and fine of Rs.2 Lakhs with default stipulations.

On due consideration, the order dated 16.04.2024 is modified to the

extent that the condition of depositing the fine amount in terms of order dated 16.04.2024 is waived off subject to he furnishing a personal bond of Rs.2 Lakhs and the surety as directed by this Court on 16.04.2024. The order dated 16.04.2024 is modified accordingly.

This consideration is being made on the basis of the report which has been submitted by the Station House Officer of Police Station Garh District Rewa dated 10.05.2024 pointing out the fact that there is no source of income of appellant as he is in custody since more than 12 years. His parents are

dependent upon their daughters. The appellant is not having any property, either moveable or immovable.

Accordingly, I.A. No.9867 of 2024 stands disposed off in above terms. This order shall conjointly be read with the order dated 16.04.2024. The other directions in the order dated 16.04.2024 shall remain intact.

                              (VISHAL MISHRA)                                    (ANURADHA SHUKLA)
                                   JUDGE                                               JUDGE

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