Sunil vs The State Of Madhya Pradesh
2024 Latest Caselaw 28108 MP

Madhya Pradesh High Court

Sunil vs The State Of Madhya Pradesh on 4 October, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                            1                                 CRA-807-2017
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       CRA No. 807 of 2017
                                         (SUNIL AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                         Dated : 04-10-2024
                               Shri Anil Ojha - Advocate for the appellants.
                               Shri K.K.Tiwari - Government Advocate for the respondent/State.

Heard on I.A.No.15238 of 2024 which is the fifth application under Section 430 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) filed on behalf of the appellant No.3 - Golu @ Ankit for grant of bail and suspension

of remaining jail sentence.

2. The appellant stands convicted vide judgment dated 10.03.2017 passed by the learned Sessions Judge, District Indore in Session Trial No. 950/2014 under Sections 302 read with 34 of the Indian Penal Code and sentenced to undergo life imprisonment and Section 27 of the Arms Act and sentenced to undergo RI for 3 years with fine and default stipulations.

3. Learned counsel for the appellant is pressing this application only on the ground of custody as the appellant has put in more than 10 years of jail incarceration. This appeal is of the year 2017 and there is no likelihood

of its early hearing, therefore, in light of the judgment of the Apex Court in the case of Sudan Singh V/s. State of U.P . [SLP (Crl.) No.4633/2021 , decided on 05.10.2021, the jail sentence of appellant is liable to be suspended. Hence, it is prayed that the application be allowed and appellant be released on bail.

4. Per contra, learned Government Advocate for the respondent/State

2 CRA-807-2017 opposes the application for suspension of sentence and prays for its rejection.

5. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties and taking note of the fact that appellant has completed more than 10 years of jail incarceration and he has no criminal antecedents coupled with the fact that final conclusion of this appeal will take considerable time, we deem it appropriate to suspend the remaining jail sentence of the appellant.

6. Accordingly, I.A.No. 15238 of 2024 is allowed and the execution of remaining jail sentence of the appellant is hereby suspended till the final disposal of this appeal. It is directed that appellant No.3-Golu @ Ankit be released on bail subject to depositing the fine amount, if not already deposited and upon furnishing a personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 18.12.2024 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

                                   (VIVEK RUSIA)                             (PREM NARAYAN SINGH)
                                       JUDGE                                        JUDGE


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