Lakhan vs The State Of Madhya Pradesh
2022 Latest Caselaw 16959 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 11799 of 2022
                                                 (LAKHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-12-2022
                                 Shri Vineet Mishra - Advocate for the appellant.

                                 Shri Pradeep Gupta - Government Advocate for respondent/ State.

Call for the trial Court record.

Heard on I.A. No.23790/2022, an 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 Sections 420, 467, 468 and 471 of IPC and has been sentenced to undergo R.I. for 2 years and RI for 3 years (3 counts) and fine of Rs.1000/- (4 counts) with

default stipulations vide judgment dated 02.12.2022 delivered by 1st Additional Sessions Judge, District Tikamgarh (M.P.) in Sessions Trial No.205/2017 (State of M.P. Vs. Lakhan and Another).

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 bail. He has not misused the liberty granted by way of bail during trial. The appellant has fair chance to succeed in the appeal. It is further submitted that a short sentence 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 would become futile. Therefore, it has been prayed that the execution of jail sentence of appellant be suspended and he be released on bail. Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 12/21/2022 12:20:12 PM

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.23790/2022 is allowed. The execution of jail sentence of appellant- Lakhan 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 11.05.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for arguments on admission after receipt of record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

Jasleen

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 12/21/2022 12:20:12 PM