Vishal vs The State Of Madhya Pradesh
2022 Latest Caselaw 2832 MP

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         The High Court Of Madhya Pradesh
                  CRA No. 1802 of 2022
                       (VISHAL Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 28-02-2022
       Shri Gaurav Mishra, counsel for the appellant.

       Smt. Padamshree Agarwal, Panel Lawyer for the respondent/State.

Admit.

Record of the Trial Court be called for, if not called. I.A.No.2896/2022, an application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant-Vishal.

This Criminal Appeal assails the judgment dated 20.01.2022 passed in Sessions Trial/Case No.200110/2016; whereby, appellant stand convicted under Section 323 of IPC and sentenced to undergo one year RI with compensation of Rs.5000/- to be paid to the complainant as per provisions of Section 357(3) of Cr.PC.

Learned counsel for the appellant submits that during trial the appellant was on bail and he was in custody from 03.07.2013 to 16.07.2013. There is no possibility of final hearing of this appeal in near future. Appellant is ready to abide by any condition which may be imposed by this Court. Hence,

prayed to suspend the remaining jail sentence of appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the short term sentence awarded by the trial Court as well as arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No.2896/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain

suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 25/04/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for

compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Van

VANDANA VERMA 2022.03.02 11:57:41 -08'00'