Kailash Choudhari vs The State Of Madhya Pradesh
2022 Latest Caselaw 632 MP

The High Court Of Madhya Pradesh CRA No. 7177 of 2021 (KAILASH CHOUDHARI Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 13-01-2022 Heard through Video Conferencing.

Shri Dhananjay Shukla, counsel for the appellant. Heard on admission.

Admit.

Also heard on I.A. No.21276/2021, which is an application filed under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to

appellant Kailash Choudhari.

This criminal appeal is directed against the judgment dated 29.10.2021 passed in S.T.No.400051/2013 by the Second Additional Sessions Judge, Satna, District Satna; whereby the appellant has been convicted under Section 466 of IPC and sentenced to undergo R.I. for 4 years with fine of Rs.1,000/-, in default to suffer R.I. for 3 months.

Learned counsel for the appellant submits that the learned trial Court has erred in appreciating the evidence on record. The appellant was on bail during trial and he did not misuse the liberty so granted. The fine amount has

already been deposited by him. An early hearing of this appeal is not possible and owing to COVID-19 outbreak, detention of appellant in already congested prisons may be detrimental. The appellant is permanent resident of District- Satna (M.P.). There are fair chances of success of this appeal. The appellant is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for suspension of sentence is made.

The prayer is opposed by the learned Public Prosecutor. Taking into consideration the facts and circumstances of the case, I.A. is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, Signature Not Verified SAN if not already deposited, and furnishes a personal bond in the sum of

Digitally signed by TRUPTI GUNJAL Date: 2022.01.13 16:44:31 IST

Rs.50,000/- (Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 30th March, 2022 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. The appellant shall furnish a written undertaking that they will abide by the terms and

conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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

Certified copy as per rules.

(S. A. DHARMADHIKARI) JUDGE

TG /-

Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2022.01.13 16:44:31 IST