Munendra Singh Parihar vs The State Of Madhya Pradesh
2022 Latest Caselaw 16364 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11407 of 2022 (MUNENDRA SINGH PARIHAR Vs THE STATE OF MADHYA PRADESH)

Dated : 09-12-2022 Shri D.S. Chouhan, learned counsel for appellant.

Shri C.M. Tiwari, learned Govt. Advocate for State.

Let record of the Court below be requisitioned. I.A. No.23200/2022, first application u/S.389(1) Cr.P.C. for suspension of jail sentence and grant of bail moved by appellant is taken up and

considered.

This criminal appeal assails the judgment dated 30.11.2022 passed in ST No.600052/2011 by IVth Additional Sessions Judge, Satna District Satna whereby appellant has been convicted u/Ss. 420, 467, 468 and 471 of IPC and sentenced to undergo RI for 5 years with fine of Rs.10,000/-, with default stipulations.

It is submitted by learned counsel for appellant that there is no possibility of the appeal coming up for final hearing in near future, hence, the appellant may be benefited by suspension of sentence.

Learned counsel for State opposed the bail application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

Accordingly, without entering into the merits of the matter, looking to the limited period of sentence of five years and in absence of criminal antecedents, this Court is inclined to grant bail to appellant by way of suspension of sentence. Hence, I.A. No.23200/2022 is allowed.

It is directed that the jail sentence of the appellant- Munendra Singh Signature Not Verified Signed by: SHIBA NARAYAN BISWAL Signing time: 12/9/2022 7:01:14 PM

Parihar will remain under suspension subject to deposit of fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of concerned available Magistrate for his appearance before the concerned available Magistrate on 20.02.2023 and on such further dates as may be fixed by in this regard which shall be of frequency not less than once a year.

In case, the appellant is found absent on any date fixed by the concerned available Magistrate, then the concerned available Magistrate shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept

informed.

A copy of this order be sent to the trial Court concerned for compliance. C.C. as per rules.

(SHEEL NAGU) JUDGE

Biswal

Signature Not Verified Signed by: SHIBA NARAYAN BISWAL Signing time: 12/9/2022 7:01:14 PM