Durga Prasad vs The State Of Madhya Pradesh
2022 Latest Caselaw 16690 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          CRA No. 11756 of 2022
                                                  (DURGA PRASAD Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-12-2022
                                  Shri Kamlesh Kumar Yadav, counsel for the appellant.

                                  Ms. Nalini Gurang, P.L. for respondent-State

Call for the trial Court record.

T his appeal under Section 374(2) of Cr.P.C. has been filed against

judgment dated 17.11.2022 passed in Special Case ELE No. 100029/2015 (State of Madhya Pradesh vs. Durga Prasad) whereby learned IInd Additional Sessions Judge, Itarsi, District Narmadapuram has convicted the appellant for commission of offence under Section 135 of the Vidhyut Adhiniyam and has sentenced him to undergo R.I. for one year with fine of Rs. 42,231/-, with default stipulation.

Heard on I.A.No.23711/2022, 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.

Leaned counsel for the appellant submits that appellant was on bail during trial. He has not misused the liberty granted to him by way of bail. Only one year sentence has been awarded and if the same is not suspended, the purpose of filing this appeal will become futile. It is further submitted that appellant has fair chance to succeed in appeal as the learned trial court has not considered the evidence on record in proper perspective. Therefore, it has been prayed that appellant/ accused be released on bail.

Learned Panel Lawyer for the State has opposed the application for Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 12/16/2022 11:44:41 AM

suspension of sentence and grant of bail to the appellant.

Considering the short 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.

Consequently, I.A.No.23711/2022 is allowed. The execution of jail sentence of appellant- Durga Prasad 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) each 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. C.C. as per rules.

(DINESH KUMAR PALIWAL) JUDGE

MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 12/16/2022 11:44:41 AM