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Madhya Pradesh High Court

Monu @ Sachin vs The State Of Madhya Pradesh on 27 November, 2019

Author: Sanjay Yadav

Bench: Sanjay Yadav

                                      1                               CRA-1076-2014
         The High Court Of Madhya Pradesh
                    CRA-1076-2014
                     (MONU @ SACHIN Vs THE STATE OF MADHYA PRADESH)

9
Jabalpur, Dated : 27-11-2019
        Shri A.K. Dubey, learned counsel for the appellant.
        Shri Jubin Prasad, learned Panel Lawyer for the respondent/State.

I.A. No. 20417/2019, an application for condonation of non- appearance on 29.07.2019.

The reasons mentioned in paragraph 3 is as under :-

"3. That, thereafter the appellant failed to appear before the registry of this Court on 29.07.2019 because he was in jail in another case. Crime No. 391/19 offence under Section 302, 120-B/34 of IPC P.S. Damoh Dehat, District Damoh, the memo of arrest is filed herewith as Annexure- A."

Apparent it is therefrom that after the suspension of sentence on 30.11.2015 the appellant has indulged in commission of another offence forming subject of Crime No. 391/2019 registered under Section 302, 120- B/34 of IPC at Police Station Damoh Dehat, District Damoh.

Apparent it is that appellant has misused the liberty granted to him on 30.11.2015, therefore, we recall the order dated 30.11.2015 whereby custodial sentence of the appellant was suspended.

The appellant is directed to be arrested and lodged in jail to serve the remaining jail sentence.

Consequently I.A. No. 20417/19 stands dismissed. Let a copy of this order be served on learned Govt. Advocate for its onward transmission and compliance.

    (SANJAY YADAV)                                         (B. K. SHRIVASTAVA)
        JUDGE                                                         JUDGE


dixit

Digitally signed by MAHENDRA
KUMAR DIXIT
Date: 2019.11.29 16:05:57 +05'30'