Premnarayan Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 15906 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 5234 of 2022
                                      (PREMNARAYAN KUSHWAH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 01-12-2022
                                  Shri Mayank Sharma, learned counsel for the appellant.

                                  Shri    Jitendra   Singh   Parihar,   learned   Panel   Lawyer        for   the
                           respondent/State.

None for respondent No.2/victim.

As per report dated 21.07.2022 received from SHO, Sohagpur, District Narmadapuram respondent No.2 has died and notice has been served on his

son.

Trial Court record has been received.

Heard on admission.

Prima-facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Also heard on I.A.No.11161/2022, an application under Section 389(1) of Cr.P.C for suspension of jail sentence and grant of bail to the appellant pending the appeal.

Appellant has been convicted for conviction of offence under Section

420 of IPC and has been sentenced to RI for 2 years and fine of Rs.5000/- with default stipulation by Special Judge (Prevention of Atrocities) Act, Narmadapuram vide judgment dated 20.05.2022, passed in SC ATR No.144/2017.

Learned counsel for the appellant has submitted that in the course of trial appellant was on bail. He has not misused the liberty granted to him by the trial Court. It is further submitted that learned trial Court has not properly Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 12/2/2022 10:50:04 AM

appreciated the evidence of the prosecution witnesses as it has not considered their evidence in proper perspective. There was no evidence on record to show that applicant committed any cheating or any work with dishonest intention to commit fraud. Appellant has a fair chance to succeed in appeal. There is no possibility of hearing of this appeal in near future. Therefore, if short sentence awarded by the Trial Court is not suspended, the purpose of filing of the appeal would become futile. Therefore, it has been prayed that appellant be released on bail On the other hand, learned P.L. for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Consequently, I.A.No.11161/2022 is allowed. The execution of jail sentence of appellant - Premnarayan Kushwah 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.50,000/- (Rupees 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 on 06.03.2023 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

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 12/2/2022 10:50:04 AM

Jasleen

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 12/2/2022 10:50:04 AM