Madhya Pradesh High Court
Hemu @ Hemant vs The State Of Madhya Pradesh on 4 July, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 8337 of 2023 (HEMU @ HEMANT Vs THE STATE OF MADHYA PRADESH) Dated : 04-07-2023 Shri Sameer Kumar Shrivastava, learned counsel for the appellant.
Shri Nitin Goyal, learned Panel Lawyer for the State. Heard on IA.No.11871/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Hemu @ Hemant.
Vide judgment dated 12.06.2023 passed in ST No. 72/2018 by Second Additional Sessions Judge, Seondha Dist. Datia appellant has been convicted under Sections 120-B, 308, 182, 211, 195 of IPC and Sections 25(1)(1-B)A, 27 of Arms Act with maximum sentenced to undergo for five years' and maximum fine of Rs.500/-, with default stipulations.
It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. It is also submitted that appellant has suffered total jail incarceration about four year and two months'. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.
On the contrary, learned counsel for the State opposed the application and prayed for its rejection.
Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.11871/2023 is allowed.
Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/5/2023 10:19:39 AM 2It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes 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 concerned Trial Court for his appearance before the Principal Registrar of this Court on 11th December, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.
Application (I.A. No.11871/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.
C.c. as per rules.
As prayed by counsel for the appellant, list the case in the next week.
(DEEPAK KUMAR AGARWAL) JUDGE Vijay Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/5/2023 10:19:39 AM