Madhya Pradesh High Court
Kundan Sanodiya vs The State Of Madhya Pradesh on 26 December, 2022
Author: Vishal Mishra
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12555 of 2022
(KUNDAN SANODIYA Vs THE STATE OF MADHYA PRADESH)
Dated : 26-12-2022
Shri U.S. Tiwari - Advocate for the appellant.
Shri C.M. Tiwari - Government Advocate for the State.
I.A.No.25214/2022, an application for urgent hearing during summer
vacation is allowed for the reasons mentioned therein.
Heard on the question of admission.
This Criminal appeal assails the judgment dated 02.12.2022passed in S.T.
No.52/2020 by the Third Additional Sessions Judge, Seoni (M.P.); whereby the
appellant has been convicted under Section 457 of Indian Penal Code and
sentenced to undergo rigorous imprisonment for three years with fine of
Rs.1,000/- and Section 324 (two counts) of Indian Penal Code and sentenced
to undergo rigorous imprisonment for three years with fine of Rs.1,000/- with
default stipulations.
Appeal appears to be arguable, hence, admitted for final hearing.
Also heard on I.A.No.25213/2022, an application for suspension of jail
sentence and grant of bail.
It is submitted that out of total conviction of three years, appellant has
completed two years and four months of imprisonment. He was in custody
during trial which can be verified from paragraph 69 of the judgment itself. He
has never misused the liberty granted to him. There is no likelihood of early
disposal of the appeal, he prays for suspension of sentence and grant of bail.
Per contra, counsel for the State has vehemently opposed the application
stating that there are ample evidence on record on the basis of which, learned
Signature Not Verified
Signed by: SATEESH
KUMAR SEN
Signing time: 12/27/2022
11:36:00 AM
trial Court has convicted the appellant. However, he could not dispute the
aforesaid fact.
Considering the overall facts and circumstances of the case and looking
to the fact that there is no likelihood of early disposal of the appeal in near
future, this Court is inclined to grant bail to appellant by way of suspension of
sentence. Accordingly, without expressing any opinion on the merits,
I.A.No.25213/2022 is allowed and it is directed that the jail sentence of the
appellant shall remain suspended subject to the verification that the amount
o f fine has been deposited, on the appellant furnishing bail bond of
Rs.50,000/- (Rupees Fifty Thousand Only) with separate solvent surety in
the like amount to the satisfaction of trial Court concerned for his appearance
before the Registry of this Court on 27.03.2023 and thereafter on such other
dates as may directed by the Registry of this Court in this regard.
I n view of the COVID-19, jail authorities are directed to follow covid
protocol and guidelines before releasing the appellant on bail.
List the matter for final hearing in due course.
Certified copy as per rules.
(VISHAL MISHRA)
V. JUDGE
Sateesh
Signature Not Verified
Signed by: SATEESH
KUMAR SEN
Signing time: 12/27/2022
11:36:00 AM
