GOVIND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No.2757/2024, which is the repeat application filed under Sec. 389 (1) of the Cr.P.C. for suspension of jail sentence on behalf of the appellant No.2 Rajendra Verma on the ground of period of incarceration. The appellant has also filed on record the memo issued by the Central jail Indore wherein, it is certified that as on 4/1/2024, the appellant has already completed 9 years and 11 months of incarceration and the conclusion of the appeal is likely to take sufficient long time. Thus, it is prayed that the application be allowed. 3 . Counsel for the respondent, on the other hand, has opposed the prayer, however, it is not denied that the appellant has already suffered 09 years and 11 months of incarceration. 4 . In view of the same, this Court is inclined to allow the present application looking to the period of incarceration and further looking to the fact that the final conclusion of the appeal is likely to take sufficient long time. Accordingly, without expressing any opinion on merits of the case, I.A.No.2757/2024/2024 is allowed and it is directed that upon depositing fine amount if already not deposited and on furnishing a personal bond by the appellant in the sum of Rs.50,000.00 (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court for his regular appearance before the Registry of this Court on 29/06/2024 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of the custodial part of the sentence imposed on the appellant shall remain suspended, till the final disposal of this appeal. Certified copy, as per rules.