Prakash Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 7831 MP

                                   1                               CRA-4297-2021
        The High Court Of Madhya Pradesh
                 CRA No. 4297 of 2021
               (PRAKASH KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

3
Jabalpur, Dated : 25-11-2021
      Mr. Vinay Sharma, learned counsel for the appellant.
      Ms. Priyanka Jain, learned Panel Lawyer for the respondent/State.

Heard on I.A.No.15548/2021, which is first application for suspension o f sentence and grant of bail to the appellant who stands convicted vide judgment dated 17.03.2021 passed by 2nd Additional Sessions Judge,

Tikamgarh in ST No.199/2019 for offence punishable under Section 333 of the Indian Penal Code and sentenced to undergo S.I. for five years and fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant contended that the trial Court has not considered the evidence on record properly. The appellant was in custody from 30.08.2019 to 18.10.2019 for a period of 49 days and thereafter from the date of judgment till today. The fine amount has already been deposited by him . It is also contended that the only allegation against the appellant has caused grievous injury on the finger of the complainant. Hence, the

substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

Considering the facts and circumstances of the case and taking into account the period of custody of the appellant, without commenting upon the merits of the case, I.A. No.15548/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with a Surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant- Prakash Kushwaha shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the concerned trial Court on 28.03.2022 and on all subsequent 2 CRA-4297-2021 dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.15548/2021 stands disposed of. List the case for hearing in due course

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2021.11.26 13:45:03 IST