Kanhaiyalal vs The State Of Madhya Pradesh
2021 Latest Caselaw 8335 MP

                                                                           1                             CRA-7313-2021
                                               The High Court Of Madhya Pradesh
                                                        CRA No. 7313 of 2021
                                                          (KANHAIYALAL Vs THE STATE OF MADHYA PRADESH)


                                       Jabalpur, Dated : 06-12-2021
                                             Shri R.K. Shrivastava, learned counsel for the appellant.

                                             Shri Rupesh Patel, learned P.L. for the respondent/State.

Heard on I.A. No.21566/2021, which is an application U/S.389 (1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Kanhaiyalal.

This appeal has been preferred against the judgment dated 22/11/2021 passed by IInd ASJ, Nowgaown, Distt. Chhatarpur in ST no.335/2013, whereby learned Sessions Judge found the appellant guilty for the offence punishable under Section 326 of the IPC and sentence him to undergo R.I. for one year with fine of Rs.5,000/- with default clause.

Learned counsel for the appellant submitted that the trial Court has already suspended the jail sentence of the appellant till 20/12/2021. The trial Court without appreciating the evidence properly wrongly convicted the appellant for the aforesaid offence. There are several omissions and

contradictions in the evidence adduced by the prosecution. Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.

O n the other hand, learned counsel for the State opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.

Looking to the facts and circumstances of the case and the fact that the the trial Court has already suspended the jail sentence of the appellant till 20/12/2021, as an interim measure it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended untill further orders and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2021.12.06 17:03:32 IST 2 CRA-7313-2021 amount to the satisfaction of the trial Court for his appearance before the Registry on 21/3/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Office is directed to call for the record.

List this case after four weeks alongwith the record for consideration

on I.A.No.21566/2021 as well as for admission.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2021.12.06 17:03:32 IST