Bhanwarlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 2359 MP

                 1                                      Cr.A.No.1762/2022
                                                   (Bhanwarlal Vs. State of M.P.)

                 Indore : Dated 21.2.2022
                              Shri Nitin Vyas, learned counsel for the appellant.
                              Shri S.Seth, learned Panel Lawyer for the respondent/State.

Let record of the trial Court be requisitioned. Heard on I.A.No.2627/2022, an application for suspension of sentence and grant of bail to appellant.

The trial Court has convicted the appellant under Section 323 of IPC and sentenced to undergo six months' RI with fine of Rs.500/- with default stipulation vide judgment of conviction and order of sentence dated 15.12.2021 passed by Addl.Sessions Judge, Barnagar, District Ujjain in S.T. No.146/2017.

Learned counsel for appellant submits that the trial Court has not properly appreciated the evidence available on record. The appellant was on bail during trial and he has not misused the liberty granted to him. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel appearing for the respondent/State has opposed the prayer. Having considered the rival submissions, the material available on record, without expressing any opinion on merits of the matter I.A.No.2627/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with a solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 25.04.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.2627/2022 is allowed.

List the matter for admission alongwith record. C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.02.22 10:08:23 +05'30'