Kachchhu @ Kassu vs The State Of Madhya Pradesh
2024 Latest Caselaw 27748 MP

Madhya Pradesh High Court

Kachchhu @ Kassu vs The State Of Madhya Pradesh on 3 October, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                              1                                 CRA-669-2016
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 669 of 2016
                                      (KACHCHHU @ KASSU AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 03-10-2024
                                 Appellant No.3 Dinesh @ Dinu S/o Nansingh Bariya by Shri Charchit
                           Shastri - Advocate.
                                 Respondent - State of Madhya Pradesh by Shri Kamal Kumar Tiwari -

Government Advocate appearing on behalf of Advocate General.

Heard on IA No.14876 of 2024 , a repeat (seventh) application under

Section 389 (1) of Code of Criminal Procedure, 1973 (herein after referred to as the Code) for suspension of remaining sentence and grant of bail filed on behalf of appellant No.3 Dinesh @ Dinu S/o Nansingh.

Vide judgment and order dated 31.03.2018 passed in Sessions Trial No.151 of 2014 by learned Additional Sessions Judge / Special Judge, Jhabua, District Jhabua (MP), this appellant has been convicted for the offence punishable under Section 302/34 of Indian Penal Code, 1908 and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with further default stipulations.

Learned counsel for the appellant submits that the appellant is in jail since last more than ten years and there is no likelihood of early disposal of this appeal; hence, prays for suspension of sentence and release of the appellant on bail.

On the other hand, learned Government Advocate appearing for the respondent - State opposes the prayer.

2 CRA-669-2016 Considering the facts and circumstances of the case, the period of incarceration, without commenting on the merit of the case, the application is allowed and it is directed that the order of jail sentence passed against the present appellant shall remain suspended and he be released on bail upon his depositing the fine amount (if already not deposited) and furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 09.12.2024 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

                                   (VIVEK RUSIA)                            (BINOD KUMAR DWIVEDI)
                                       JUDGE                                        JUDGE


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