Anil @ Sandeep vs The State Of Madhya Pradesh
2025 Latest Caselaw 3362 MP

Madhya Pradesh High Court

Anil @ Sandeep vs The State Of Madhya Pradesh on 27 January, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                                   1                                CRA-9095-2018
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                          CRA No. 9095 of 2018
                                                 (ANIL @ SANDEEP Vs THE STATE OF MADHYA PRADESH )



                           Dated : 27-01-2025
                                   Shri Rajesh Yadav - learned counsel for the appellant.
                                   Shri H.S. Rathore appearing on behalf of Advocate General.

                                   Heard on I.A.No.20053/2024 which is the second application under Section
                           389(1) of Code of Criminal Procedure, 1973 filed on behalf of the appellant Anil
                           @ Sandeep for grant of bail and suspension of remaining jail sentence.

                                   02. Earlier application (I.A.No.12950/2021) filed by the appellant was
                           dismissed as withdrawn vide order dated 19.07.2022.
                                   03. Appellant has been convicted vide judgment dated 26.10.2018 passed by
                           the learned Additional Sessions Judge, Mahidpur, District Ujjain (MP) in S.T.No.
                           442/2017 for offence punishable under Section 302/34 and 323/34 (two counts) of
                           the Indian Penal Code and sentenced to undergo life imprisonment and RI for six
                           months with fine and default stipulations.
                                   04. As per the case of the prosecution, complainant Ganesh lodged a dehati
                           nalishi to the effect that on some land dispute appellant came to the field armed
                           with weapons saying that the mango tree stands on their land and started beating

                           them.
                                   05. Learned counsel for the appellant submits that appellant has been falsely
                           implicated in the case. There is material omissions and contradictions in the
                           statement of the prosecution witnesses. He has completed more than 7 years of jail
                           incarceration. Appeal is of the year 2018 and its final disposal will take
                           considerable time. Hence, in such circumstances, prayer is made for suspension of
                           the jail sentence and grant of bail.

Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 27-01-2025
19:40:08
                                                                   2                             CRA-9095-2018

                                 06. Learned counsel for the respondent/State opposes the application and

prays for its rejection.

07. Considering the facts and circumstances of the case and arguments advanced by learned counsel for the parties, without commenting upon the merits of the case, this Court is of the considered opinion that the application for suspension of custodial sentence filed on behalf of the appellant deserves to be allowed.

08. Accordingly, I.A.No.20053/2024 is allowed and disposed of . The execution of remaining jail sentence of the appellant is hereby suspended till the final disposal of this appeal. It is directed that appellant - Anil @ Sandeep 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.25,000/- (Rupees Twenty Five

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 o n 24.03.2025 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

09. Accordingly, I.A.No.20053/2024 stands allowed and disposed of. Consequently, IA No.20135/2024 , application for urgent hearing also stands disposed of.

10. List for final hearing in due course.

Certified copy, as per rules.

                                      (VIVEK RUSIA)                                   (GAJENDRA SINGH)
                                          JUDGE                                            JUDGE
                           VS