Abhishek Jain vs State Of M.P.
2022 Latest Caselaw 9481 MP

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                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                CRA No. 4650 of 2022
                                                              (ABHISHEK JAIN Vs STATE OF M.P.)

                                   Dated : 12-07-2022
                                         Mr. Dinesh Kumar Upadhyay, learned counsel for the appellant.

                                         Ms. Papiya Ghosh, learned Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Heard on I.A. No.9649/2022, which is an application for suspension of sentence and grant of bail filed on behalf of the appellant.

T h e appellant has been convicted by the impugned judgment dated 13.05.2022 passed by learned 21st Additional Sessions Judge, Jabalpur in Sessions Case No.309/2015 for offence punishable under Section 393 of the Indian Penal Code and has been sentenced to undergo RI for three years with fine of Rs.2,000/- with default stipulation.

Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the evidence available on record and hence, arrived at an erroneous finding. The trial Court had itself suspended the sentence of the appellant till 13.06.2022 and on 13.06.2022, this Court extended the bail till next

date of hearing. The disposal of this appeal will take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application. Considering the aforesaid facts and circumstances of the case and in Signature Not Verified SAN view of the nature of offence and sentence awarded on the appellant, I find it to Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.07.12 17:22:53 IST be a fit case to suspend the custodial sentence of the appellant and to release

him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant Abhisek Jain shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 7.12.2022 and on such other dates as may be fixed in this regard during the pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.07.12 17:22:53 IST