Madhya Pradesh High Court
Pappu @ Jugal Kishore Yadav vs The State Of Madhya Pradesh on 15 December, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11371 of 2022
(PAPPU @ JUGAL KISHORE YADAV Vs THE STATE OF MADHYA PRADESH)
Dated : 15-12-2022
Shri Sanjay Kushwaha - Advocate for the appellant.
Shri C. M. Tiwari - Govt. Advocate for the respondent/State.
Call for the trial Court record.
Heard on I.A. No.23143/2022, application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellant pending the
appeal.
Appellant has been convicted for commission of offence under Section
363 of the Indian Penal Code and has been sentenced to undergo R.I. for 2
years with fine of Rs.1,000/- with default stipulations vide judgment dated
25.11.2022 delivered by 2nd Additional Sessions Judge Lakhnadon, District
Seoni (M.P.) in S.C. No.86/2021 (State of M.P. Vs. Pappu @ Jugal Kishore
Yadav).
Learned counsel for the appellant has submitted that appellant has not
committed any offence. He has been wrongly convicted by the trial Court.
Learned counsel for the appellant has submitted that in the course of trial
appellant was on jail, he has not misused the liberty granted by way of bail
during trial. T h e appellant has fair chance to succeed in the appeal as
prosecution has not been successful to prove that at the time of commission of
offence, victim was below 18 years of age. It is further submitted that a short
sentence of 2 years has been awarded by the trial Court and there is no
possibility of hearing of this appeal in near future. Therefore, if the execution of
jail sentence of appellant is not suspended, the purpose of filing this appeal
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 12/16/2022
11:02:00 AM
would become futile. Therefore, it has been prayed that the execution of jail
sentence of appellant be suspended and he be released on bail.
On the other hand, learned counsel for the respondent/State has opposed
the grant of bail to the appellant.
Having considered the short nature of sentence and the fact that there is
no possibility of hearing of this appeal in near future, I am inclined to suspend
the remaining jail sentence of the appellant.
Consequently, I.A. No.23142/2022 is allowed. The execution of jail
sentence of appellant- Pappu @ Jugal Kishore Yadav 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 10.5.2023 and also on such other dates, as
may be fixed by that Court in this regard during the pendency of this appeal.
List this appeal for hearing on admission immediately after receipt of trial
Court record.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 12/16/2022
11:02:00 AM
