Citation : 2022 Latest Caselaw 9683 MP
Judgement Date : 14 July, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5885 of 2022
(RAMCHANDAR Vs THE STATE OF MADHYA PRADESH)
Dated : 14-07-2022
Ms Seema Maheshwari, learned counsel for the appellant.
Shri Shashwat Seth, learned Panel Lawyer for the respondent/State.
Heard on I.A.No.9601/2022, an application for suspension of jail sentence of the appellant - Ramchandra.
Appellant has been convicted by Special Judge Electricity Act, Agar, Distt. Shajapur vide judgment dated 29.06.2022 passed in ST No. 02/2017 for
commission of offence punishable under Section 304A of IPC and sentenced to undergo RI for 01 year with fine of Rs.2000/- with default stipulation.
Learned counsel for the appellant submits that short sentence has been awarded to the appellant by the learned trial Court and his sentence has already been suspended by the Court below till 29.07.2022 for filing appeal before this Court. He submits that the learned Special court erred in holding the appellant guilty in the alleged offence. There are omissions and contradictions in the finding of the learned trial court. The final conclusion of the appeal shall take considerable time. Hence, prays that application for suspension of sentence be
allowed.
Learned Panel Lawyer for State has opposed the prayer and prays for rejection of the application for suspension of sentence.
On due consideration of the facts and circumstances of the case so also looking to the short sentence awarded by the learned trial Court to the appellant, Signature Notwithout Verified expressing any opinion on merits of the case, I.A.No.9601/2022 is Signed by: SEHAR HASEEN allowed.
Signing time: 7/15/2022 5:27:45 PM
It is directed that upon appellant depositing the fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of appellant shall remain suspended till the final disposal of the appeal and he shall b e released on bail for his appearance before the Registry of this court on 29.09.2022 and all other subsequent dates, as may be fixed in this behalf by the Office.
Record of Court below be requisitioned. List for admission after receipt of record.
C.c. as per rules.
(SATYENDRA KUMAR SINGH) JUDGE
sh
Signature Not Verified Signed by: SEHAR HASEEN Signing time: 7/15/2022 5:27:45 PM
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