Raj Kumar Prajapati vs The State Of Madhya Pradesh
2021 Latest Caselaw 6720 MP

                                    1                                 CRA-4408-2021
        The High Court Of Madhya Pradesh
                   CRA-4408-2021
               (RAJ KUMAR PRAJAPATI Vs THE STATE OF MADHYA PRADESH)

5
Jabalpur, Dated : 23-10-2021
       Heard through Video Conferencing.
       Shri Raman Patel, learned counsel for the appellant.
       Shri Manoj Kushwaha, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, therefore, admitted for final hearing.

Also heard on I.A.No.13706/2021, 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.

T h e appellant/accused has filed this appeal against the judgment dated23/07/2021 passed by Fourth Additional Sessions Judge, Bhopal in S . T . No. 475/2019, whereby the appellant has been convicted for commission of offence punishable under Section 392/34 of the IPC and sentenced to undergo RI for 5 years alongwith fine amount of Rs.1,000/- with usual default stipulation.

Learned counsel for the appellant submits that the appellant was on bail during the trial and he did not misuse the liberty so granted to him. There are chances of success of this appeal and if the custodial sentence of the appellant is not suspended then the 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.

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 2 CRA-4408-2021 of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his further appearance before the trial Court on 20.12.2021 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

skt

Signature Not Verified SAN

Digitally signed by SANTOSH KUMAR TIWARI Date: 2021.10.23 17:56:39 IST