Madhya Pradesh High Court
Manish Verma vs The State Of Madhya Pradesh on 8 May, 2015
Criminal Appeal No.1177/2013
08.05.2015:
Shri Manish Tiwari, Advocate for the applicant.
In compliance of earlier issued production warrant
applicant Manish Verma is produced by Shri Narbad Singh
Marskole, Assistant Sub Inspector, Police Lines, Balaghat
from District Jail Balaghat. His presence is marked. He be
returned back with the same Escort for serving his remaining
part of jail sentence.
Shri Akhilendra Singh, Government Advocate for the
respondentState.
Also heard on I.A. No.9019/2015, which is the second application for suspension of remaining jail sentence and grant of bail to appellant. Earlier application for suspension of sentence and grant of bail of the appellant has been allowed by this Court but on account of nonappearance of the appellant, on issuance of warrant of arrest the appellant of arrested.
The appellant has been convicted under Sections 353 and 294, IPC and Section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act and sentenced to undergo rigorous imprisonment for 2 years & fine of Rs.3,000/, rigorous imprisonment for 1 month & fine of Rs.500/ and rigorous imprisonment for 1 year & fine of Rs.2,000/ respectively, with default stipulations.
Learned counsel for the appellant submits that the appellant has been falsely implicated in the matter. Learned counsel for the appellant submits that he appeared on each and every dates but on 06.05.2014 he could not appeared as he missed the date of appearance. The nonappearance of the appellant is bona fide and not intentional as he was in jail in another case. The appellant was on bail during trial and never misused the liberty granted to him. There is no likelihood of coming up of this appeal for final hearing in near future. In view of the aforesaid, the appellant prays that the remaining sentence of the appellant may be suspended and he may be released on bail.
Learned Government Advocate for the respondentState vehemently opposed the prayer for bail.
On due consideration of the facts and circumstances of the case and the nature of allegation, without going through the merits of this application is allowed. Execution of remaining jail sentence of the appellant Manish Verma is suspended. He is directed to be enlarged on bail on furnishing a personal bond in the sum of Rs.25,000/ (Rupees Twenty Five Thousand Only) with a surety bond in the like amount to the satisfaction of trial Court for his appearance before the CJM, Balaghat firstly on 16th December, 2015 and on such other dates which normally shall not be less than the period of 8 months as may be fixed by the said Court in this regard.
It is made clear that the sentence of fine is not suspended.
List this case for final hearing in due course. C.C. as per rules.
(Subhash Kakade) Judge taj.