Manohar @ Manoj vs The State Of Madhya Pradesh
2022 Latest Caselaw 820 MP

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High Court of Madhya Pradesh : Bench At Indore
 BEFORE SINGLE BENCH : HON'BLE MR. JUSTICE VIVEK RUSIA

             Criminal Appeal No.8000/2021
      Manohar @ Manoj v/s The State of Madhya Pradesh
Indore, dated 18.01.2022
        Heard through Video Conferencing.
        Shri Nilesh Dave, learned counsel for the appellant.
        Ms. Geetanjali Chourasia, learned Panel Lawyer for
the respondent / State.

Heard on I.A. No.30160/2021, which is first application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant - Manohar @ Manoj S/o Shantilal.

The present appeal has been filed against the judgment of conviction and sentence dated 06.12.2021 passed by the First Additional Sessions Judge, Badnawar, District - Dhar in Sessions Trial No.500265/2015, whereby the appellant has been convicted for the offences punishable under Sections 399 and 402 of the Indian Penal Code and sentenced to undergo three years' rigorous imprisonment along with fine of Rs.2,000/- and two years' rigorous imprisonment along with fine of Rs.2,000/- respectively. With default clause to further undergo two months' rigorous imprisonment under each sections.

Learned counsel for the appellant submits that the learned trial Court has not properly appreciated the evidence came on record and material omissions and contradictions have been overlooked. The appeal is likely to take considerable time for its final hearing and if his

custodial sentence is not suspended, the application may be rendered infructuous. He, therefore, prayed that the custodial sentence of the appellant be suspended and he be released on bail.

Learned Panel Lawyer for the respondent / State opposes the application by submitting that no sufficient ground is made out to suspend the jail sentence of the appellant. Hence, she prays for rejection of the application.

Taking into consideration the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the present application deserves to be allowed. Accordingly, I.A. No.30160/2021 is allowed.

The execution of remaining jail sentence of appellant - Manohar @ Manoj S/o Shantilal is hereby suspended and it is ordered that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 22.09.2022 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

The appeal is admitted for final hearing. List for final hearing in due course.

Certified copy, as per rules.

(VIVEK RUSIA) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2022.01.19 17:41:40 +05'30'