IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7283 of 2019 (PUNJABRAO Vs THE STATE OF MADHYA PRADESH)

Dated : 14-05-2024 Shri Dewang Trivedi - Advocate for the appellant.

Shri N.S.Solanki - Panel Lawyer for the respondent /State.

Heard on admission.

Trial court record perused.

Appeal is admitted for final hearing.

Also heard on I.A. No.14175//2023. This is third application under Section 389(1) of Cr.P.C for suspension of jail sentence and grant of bail to appellant Punjabrao, pending the appeal.

Appellant's first application was dismissed on merits vide order dated 13.10.2020 while second application was dismissed as withdrawn vide order dated 14.03.2022.

Appellant has been convicted for commission of offence under Section 304-II of IPC by First A.S.J Multai District Betual vide judgment dated 07.08.2019 passed in S.T.No.120/2018 and has been sentenced to undergo 10 years R.I. and fine of Rs.5000/- with default stipulation.

Learned counsel for the appellant has submitted that appellant has undergone more than 06 years, one month and some days jail sentence. In total more than 08 years jail sentence has been undergone by him so far. The maximum punishment awarded by the trial court is 10 years. Appeal is of the year 2019. If appellant is not released on bail, the purpose of filing this appeal would become futile. Therefore, it is prayed that the appellant Signature Not Verified Signed by: MANOJ KUMAR may be released on bail by suspending his jail sentence.

On the other hand, learned Panel Lawyer for the State has opposed grant of bail.

On perusal of the custody report received from Superintendent of District Jail Betul, it is apparent that appellant has undergone 06 years, one month and some days of actual jail sentence and with remission he has undergone more than 08 years of jail sentence so far. There is bleak possibility of final hearing of this appeal in near future. Therefore, having taken into consideration the detention period of the appellant, I am inclined to suspend his jail sentence and release him on bail. Consequently, I.A. No.14175/2023 is allowed. The execution of jail sentence of appellant Punjabrao is hereby suspended subject to depositing the fine amount, if not already deposited.

It is directed that the appellant Punjabrao be released on bail on his furnishing a personal bond to a 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 trial Court on 22.10.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course.

Certified copy as per rules. (DINESH KUMAR PALIWAL)

JUDGE MKL Signature Not Verified Signed by: MANOJ KUMAR Signature Not Verified