Sanjay @ Sanju vs State Of M.P

Rajesh Kumar Gupta, J

In compliance of warrant issued on 21.11.2025, appellant Sanjay @ Sanju has been produced in custody by Ram Naresh ASI from Morena Jail.

Let the appellant be sent back to the jail by the same squad.

Also heard on I.A. No.2222/26 which is an application under section 389(1) of the Cr.P.C./ 430(1) of BNSS for grant of bail and suspension of remaining jail sentence filed on behalf of sole appellant - Sanjay @ Sanju.

The appellant has been convicted under Section 308 of IPC read with Section 11/13 of MPDVPK Act and sentenced to undergo 3 years R.I. with fine of Rs.500/- and also convicted under Section 397 of IPC read with Section 11/13 of MPDVPK Act and sentenced to undergo 7 years R.I. with fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. The Court below has wrongly appreciated the evidence and convicted the appellant. There are material contradiction and omissions in the statements of prosecution witnesses. Earlier he was granted bail, but he did not misuse the liberty granted to him. Now, the appellant prays the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case and the fact that final conclusion of the appeal will also take sufficiently long time, I deem it proper to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A. is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing personal bond by the appellant in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of concerned Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant shall mark his presence before the Registry of this Court on 06.05.2026 and on all such other subsequent dates, which are fixed in this behalf.

List this appeal for final hearing in due course.

Certified copy as per rules.