Ram Singh vs State Of M.P

Vivek Rusia, J

Heard on I.A. No.5182/2022, which is a repeat (second) application under Section 389 of Cr.P.C for suspension of sentence moved on behalf of appellant - Ramsingh.

Appellant has been convicted for offence under Section 307 of IPC, 1860 and sentence to undergo 7 years R.I with fine an default stipulation.

Learned counsel for the appellant submits that the appellant has been enlarged on bail vide order dated 13.12.1999, thereafter he is regularly appearing before this Court. Since no one has appeared before this Court at the time of final hearing to argue the matter, this Court has issued a non-bailable warrant. Shri Sharma submits that his complete name is not appearing in the cause list therefore he could not appear before this Court, however, he undertakes to argue this appeal finally. Appellant is in jail since last one and half months, hence he prays for suspension of sentence of appellant.

Learned Govt. Advocate for the respondent/State opposes the prayer for suspension of sentence.

Considering the facts and circumstances of the case and the submission made by learned counsel for the appellant, without commenting on the merits of the case the application for suspension of sentence I.A. No.5182/2022 is allowed. Execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant shall mark his presence before the registry of this Court on 26/09/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.7216/2022 also stands disposed of.

Certified copy as per rules.