Sachin vs The State Of Madhya Pradesh
2021 Latest Caselaw 7634 MP

                                                                       1                              CRA-6702-2021
                                            The High Court Of Madhya Pradesh
                                                     CRA No. 6702 of 2021
                                                         (SACHIN Vs THE STATE OF MADHYA PRADESH)

                                    1
                                    Indore, Dated : 22-11-2021
                                          Shri Anirudh Saxena, learned counsel for the appellant.
                                          Shri A.S. Sisodiya, learned P. L. for respondent/ State.

Let the record of the trial Court be called for. Heard on I.A.No.28237/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf

of the appellant.

T he appellant has been convicted for the offences punishable under Section 435 of IPC and have been sentenced to undergo R I for three years with fine of Rs.500/- with default stipulation respectively; vide judgment dated 08.11.2021 passed by Sessions Judge, Shajapur in Session Trial No.28/2019.

Learned counsel for appellant referring the impugned judgement submits that independent prosecution witness - Jay Kushwaha (PW-2) has been examined during trial and he has not supported the prosecution story. Appellant has been convicted only on the basis of statement of complainant -

Rekha Sharma (PW-1) who is a wife of Deepak (PW-5) with whom there was a dispute with regard to some financial transactions. Appellant is a young boy aged about 24 years. He was on bail during trial and did not misuse such liberty. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellants prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel appearing for the respondent/State opposes the prayer for suspension of remaining jail sentence and grant of the bail to the appellant.

After perusing the record of the trial Court and considering the facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension of remaining jail sentence and grant of bail to the Signature Not Verified SAN appellant. Hence, without expressing any opinion on merits of the matter

Digitally signed by VIBHA PACHORI Date: 2021.11.23 10:44:09 IST 2 CRA-6702-2021 I.A.No.28237/2021 is allowed and remaining jail sentence of the appellant is hereby suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) along with a solvent surety in the like amount to the satisfaction of trial Court, for his

appearance before the Registry of this Court firstly on 03.01.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.28237/2021 is allowed.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Vibha

Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2021.11.23 10:44:09 IST