Tunde @ Omkar vs The State Of Madhya Pradesh
2021 Latest Caselaw 8401 MP

                                     1                               CRA-5154-2021
        The High Court Of Madhya Pradesh
                 CRA No. 5154 of 2021
                    (TUNDE @ OMKAR Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 07-12-2021
       Shri Aseem Kumar Dixit, Advocate for the appellant.

       Shri Abhishek Dubey, Panel Lawyer for the respondent/State.

Ms. Shikha Malik, Advocate for the complainant. Verification report has been submitted by the Registrar (J-II) regarding compromise of the matter between the parties.

After perusal of the said report, the complainant submitted that he has amicably resolved their dispute.

Heard on the question of admission.

Appeal seems to be arguable, therefore, admitted for final hearing. Also heard on I.A.No.15764/2021, which is first application filed under section 389 (1) of Cr.P.C. for suspension of custodial jail sentence and grant of bail filed on behalf of the appellant.

The appellant/accused has filed this appeal against the judgment dated 31.07.2021 passed by Sessions Judge, Damoh in S.T. No.93/2019, whereby

the appellant has been convicted for commission of offence punishable under Section 326 of the IPC and sentenced to undergo RI for ten years alongwith fine amount of Rs.2,000/- with usual default stipulation.

Learned counsel for the appellant submits that vide order dated 17.11.2021, matter was referred for verification of compromise between the parties and verification report is submitted. The complainant has submitted that he has resolved their dispute. There are chances of success of this appeal and if the custodial sentence of the appellant is not suspended, appeal filed by him may turn infructuous. The disposal of the appeal will take time. Hence, learned counsel for the appellant prays for suspension of custodial sentence of the appellant.

Learned Panel Lawyer opposed the application and prayed for its rejection.

2 CRA-5154-2021 Looking to the aforesaid facts and circumstances of the case, it is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant shall remain suspended till further orders and he be released on bail on his furnishing a personal bond for a sum of Rs.35,000/- with one solvent surety in the like amount to the satisfaction

o f the trial Court for his further appearance before the trial Court on 07.02.2022 and thereafter, on all the dates as may be fixed by the trial Court in this behalf.

List the appeal for final hearing in due course. CC as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.12.08 11:00:46 IST