Vijay @ Vijju vs The State Of Madhya Pradesh
2025 Latest Caselaw 2886 MP

Madhya Pradesh High Court

Vijay @ Vijju vs The State Of Madhya Pradesh on 15 January, 2025

                                                              1                                CRA-1781-2015
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 1781 of 2015
                                             (VIJAY @ VIJJU Vs THE STATE OF MADHYA PRADESH )



                         Dated : 15-01-2025
                               Ms. Sharmila Sharma - Advocate for the appellant.
                               Shri Sonal Gupta - Additional Advocate General for the
                         respondent/State.

I.A.No. 18885/2024 application for urgent hearing stands disposed of. Heard on I.A.No.18884/2024, which is repeat (fourth) application

under Section 389 of the Cr.P.C. filed on behalf of appellant-Vijay @ Vijju s/o Sohanlal for grant of bail and suspension of remaining jail sentence.

2. Appellant stands convicted vide judgment dated 10.06.2015 passed by the learned First Additional Sessions Judge, Jaora, District Ratlam in Session Trial No. 135/2014 for offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs.2000/- and default stipulation.

3. Learned counsel for the appellant is mainly pressing this application on the ground that the appellant has completed 10 years and 10 months of

jail incarceration. This appeal is of the year 2015 and there is no likelihood of its early hearing, therefore, in light of the judgment of the Apex Court in 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.

2 CRA-1781-2015

4. Per contra, learned counsel for the respondent/State opposes the application for suspension of sentence on the ground that there are serious allegations against the appellant therefore, the present application deserves to be dismissed.

5. Considering the reasons stated in the application coupled with the fact that appellant has completed more than 10 years of jail incarceration and that final conclusion of this appeal will take considerable long time, we deem it appropriate to suspend the remaining jail sentence of the appellant.

6. Accordingly, I.A.No. 18884/2024 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-Vijay @ Vijju 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.15,000/- (Rupees Fifteen Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 18.03.2025 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List for hearing in due course.

                                 Certified copy, as per rules

                             (SURESH KUMAR KAIT)                                 (VIVEK RUSIA)
                                 CHIEF JUSTICE                                       JUDGE
                         vidya