Durga Prasad Upadhyay vs The State Of Madhya Pradesh
2022 Latest Caselaw 3769 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                    CRA No. 1515 of 2022
                                                       (DURGA PRASAD UPADHYAY Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 16-03-2022
                                            Shri Brahmendra Pathak, learned counsel for the appellant.
                                            Shri C.L.Sethi, learned Panel Lawyer for the respondent/State.

Heard on admission.

The appeal is admitted for final hearing.

Also Heard on I.A.No.2536/2022, application for suspension of sentence and grant of bail.

The appellant has been convicted under Section 409 of IPC and sentenced to undergo R.I. for 3 years and fine of Rs.10,000/- with default stipulation; under Section 357(3) of Cr.P.C he has been directed to deposit Rs.87,500/- with Co- operative Bank Ltd. Branch Sarai, District Singrauli.

Learned counsel for the appellant has submitted that the appellant was released on bail till 03.03.2022 by the learned trial Court and a co-ordinate Bench of this Court further extended the bail till last week of March, 2022. Appellant has fair chances in succeeding the appeal as no cogent evidence is available against him. Therefore, it has been prayed that jail sentence be suspended till final disposal

of the appeal.

The prayer is opposed by learned Panel Lawyer for the respondent/State. Considering the evidence of prosecution witnesses, findings recorded in impugned judgment, nature of sentence and contention of learned counsel for the appellant and the fact that there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid IA No.2536/2022 is allowed. The execution of jail sentence of appellant Durga Prasad Upadhyay is hereby suspended subject to depositing the fine amount in Court and compensation amount in Co-operative Bank Branch Sarai as ordered by trial Court (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to

Signature Not Verified a sum of Rs.40,000/- (Rupees forty thousand only) with one solvent surety of SAN

the like amount to the satisfaction of the trial court. However, before releasing the Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.03.16 19:41:47 IST

appellant on bail, learned trial Court shall verify the factum of deposit of

compensation. Appellant Durga Prasad Upadhyay shall appear before the Registry of this Court o n 30.08.2022 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.03.16 19:41:47 IST