Madhya Pradesh High Court
Mahendra Adiwasi vs State Of M.P. on 8 February, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH CRA No. 434/2012 (MAHENDRA ADIWASI Vs STATE OF M.P.) Gwalior, Dated : 08/02/2022 Shri Anshu Gupta, Counsel for appellant. Shri Lokendra Shrivastava, Counsel for State. I.A. No.25534/2021 has been received from jail for suspension of sentence and grant of bail to the appellant.
It is a case of bail jump.
Appellant was tried for an offence under Section 302 of IPC and was convicted under Section 304 part 1 of IPC and sentenced to undergo 10 years R.I with fine of Rs.1,000/- with default stipulation.
Appellant was granted bail by order dated 11.07.2016 with a direction to appear before the Court of CJM, Sheopur. Thereafter, at the request of appellant, the appellant was directed to appear before the Registry of this Court on 01.03.2017 and all other dates which may be fixed by the Registry of this Court.
The record of this appeal indicates that appellant never appeared before the Registry of this Court, and accordingly, on 01.11.2017, a statement was made by Counsel for appellant that appellant is not in touch with his Counsel, and therefore, bailable warrant be issued.
Thus, it is clear that appellant was not in touch with his Counsel also, and therefore, the Counsel was left with no other option but to pray for issuance of bailable warrant.
It appears that now the appellant is in jail from 28.06.2021. It is a THE HIGH COURT OF MADHYA PRADESH CRA No. 434/2012 (MAHENDRA ADIWASI Vs STATE OF M.P.) case where the liberty granted by the Court is miserably misused by the appellant and it is not sure that appellant would appear before this Court or not.
Accordingly, no case is made out for suspension of sentence and grant of bail.
I.A. No.25534/2021 fails and is hereby dismissed. However, the appeal is pending since 2012. Accordingly, Office is directed to list this case for final hearing in the category of "High Court Expedited cases".
(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2022.02.08 17:27:25 +05'30'