Ritesh Kori vs The State Of Madhya Pradesh
2021 Latest Caselaw 5004 MP

                                    1                              CRA-4768-2021
        The High Court Of Madhya Pradesh
                   CRA-4768-2021
                    (RITESH KORI Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 03-09-2021
       Heard through Video Conferencing.
       Mr.Jafar Khan, learned counsel for the appellant.
       Ms.Shikha Baghel, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal seems to be arguable. It is admitted for hearing.

Also considered I.A.No.14754/2021, an application u/s 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Ritesh Kori.

By the impugned judgment dated 07.8.2021 passed by the trial Court in S.T.No.116/2018 the appellant has been convicted for offence under section 324 of IPC and sentenced to undergo R.I. 2 years and fine of Rs.2,000/- with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has

passed the impugned judgment without properly appreciating the oral and documentary evidence on record. The sentence of the appellant has been suspended by the trial Court till 09.9.2021. The disposal of this appeal would take considerable time. Therefore, prayer has been made to suspend the substantive jail sentence of the appellant and he be released on bail.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; maximum sentence awarded is 2 years; substantive jail sentence of appellant is suspended by the trial Court till 09.9.2021; and disposal of this appeal would take considerable time, without commenting on merits of the case, the application is allowed.

2 CRA-4768-2021 I t is directed that on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant-Ritesh Kori 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 07.12.2021 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.14754/2021 stands disposed of. Let record of the court below be called for. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.09.04 11:49:03 IST