Danilal Mankar vs The State Of Madhya Pradesh
2022 Latest Caselaw 5565 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                               CRA No. 3362 of 2022
                     (DANILAL MANKAR Vs THE STATE OF MADHYA PRADESH)

Dated : 18-04-2022
        Shri Aseem Kumar Dixit, learned counsel for the appellant.

        Shri    Satyapal   Chadar,    learned      Government     Advocate      for   the
respondent/State.

Shri Satyapal Chadar, learned G.A. takes notice of appeal on behalf of State. Now there is no need to issue notice to the respondent/State.

Record of the trial Court be called for.

Heard on I.A.No. 6177/2022, application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted under Sections 420, 467, 468 and 471 of IPC and sentenced to undergo R.I. for 3 years and fine of Rs. 2000 in each Section and Section 120-B of IPC and sentenced to undergo R.I. for 3 years and fine of Rs. 1500/- and Section 465 of IPC and sentenced to undergo R.I. for 2 years and fine of Rs. 1000/- with default stipulation vide judgment dated 28.03.2022 passed in S.T. No. 307/2014 (Stat of MP Vs. Shankar Singh and

others) by learned IInd Additional Sessions Judge Pipariya, District Hoshangabad (MP).

Learned counsel for the appellant submitted that appellant has been released on bail till 28.04.2022 by the trial Court for filing the appeal. During trial, he has not misused the liberty granted to him by way of bail. Learned counsel for the appellant further submitted that he has fair chance to succeed in appeal. There is no possibility of coming this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, this appeal would become futile.

T h e prayer is opposed by learned Government Advocate for the respondent/State.

Considering the nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Accordingly, aforesaid I.A.No. 6177/2022 is allowed. The execution of

jail sentence of appellant-Danilal Mankar is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.40,000/- (Rupees forty 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 on 14.09.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for argument on admission after receipt of the record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

L.R.

Digitally signed by LALIT SINGH RANA Date: 2022.04.19 10:47:54 +05'30'