[email protected] vs The State Of Madhya Pradesh
2021 Latest Caselaw 4898 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                         Cr.A. No.4769/2021
  (Kundan @ Mukesh Vs. The State of Madhya Pradesh and another)
                                 -1-
Indore, dated 01/09/2021
       Shri Manish Yadav, learned counsel for the appellant.

       Miss Harshlata Soni, learned Government Advocate for the
respondent / State.

Heard on I.A. No.22053/2021 filed under Section 389(1) of Cr.P.C. for suspension of jail sentence on behalf of the appellant.

The appellant suffered conviction and sentence as under:-

     Conviction                         Sentence

 Section      Act     Imprisonm Fine details Imprisonment
                      ent       If deposited in lieu of fine

 354 (A)      IPC     3 Years R.I. Rs.1000/-       3 months R.I.

 323          IPC     3 Years R.I. Rs.1000/-       3 months R.I.

Learned counsel for the appellant/applicant submits that the learned court below has passed the impugned judgment, which is erroneous on law and facts and there are so many material contradictions and omissions in the statements of the prosecution witnesses, which were not considered by the trial court and the prosecution has failed to prove the case beyond reasonable doubt. He has further stated that the appellant was on bail during trial and he has not misused the liberty granted to him and final conclusion of trial will take a considerable long time, in these circumstances, he prays that execution of jail sentence of the appellant be suspended.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.A. No.4769/2021 (Kundan @ Mukesh Vs. The State of Madhya Pradesh and another)

Learned Government Advcoate for the respondent - State opposes the application and prays for its rejection.

After considering the submissions of the learned counsel for the parties and looking to the facts and circumstances of the case and the nature and gravity of the case and also keeping in view the fact that the appellant was on bail during trial and he has not misused the liberty granted to him, I deem it proper to suspend the jail sentence of the appellant. Accordingly, I.A. No.22053/2021 is allowed.

The execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant be released on bail subject to depositing fine amount, if already not deposited and on his furnishing a personal bond for a sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Trial Court, Ujjain, District - Ujjain on 22.12.2021 and also on such other dates, as may be fixed by the trial Court, Ujjain in this regard during the pendency of this appeal.

The appeal is admitted for final hearing. Let the record be requisitioned.

List in due course.

Certified copy, as per rules.

(Anil Verma) Judge

N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.09.02 15:23:59 +05'30'