Ashok Kumar Shukla vs The State Of Madhya Pradesh
2022 Latest Caselaw 4014 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                   CRA No. 2661 of 2022
                                                       (ASHOK KUMAR SHUKLA Vs THE STATE OF MADHYA PRADESH)

                                       Dated : 23-03-2022
                                             Shri Siddharth Kumar Sharma, learned counsel for the appellant.
                                             Shri Pramod Choubey, learned Deputy Government Advocate for the

                                       respondent/State.

Shri Pramod Choubey takes notice on behalf of the State. Now there is no need to send notice to respondent/State.

Record of the trial Court be called for.

Heard on admission.

The appeal is admitted for final hearing.

Also heard on I.A.No.4818/2022, application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail.

The appellant has been convicted under Sections 324 of IPC and has been sentenced to undergo R.I. for 3 years and fine of Rs. 1000/-, with default stipulation.

Learned counsel for the appellant submitted that in paras 44 and 47 of

the impugned judgment, learned trial Court came to the conclusion that injury caused in the right wrist of injured was simple in nature. Learned trial Court has released the accused/appellant on bail till 01.04.2022. During trial, he was on bail but he has not misused the liberty granted to him by way of bail. He further submitted that appellant and injured are real brother and they have quarreled on petty issue. There is a possibility of compromise too between the parties. Therefore, it has been prayed that jail sentence be suspended till final disposal of the appeal.

The prayer is opposed by learned counsel for the respondent/State. I have gone through the impugned judgment and the findings recorded by the trial Court. Without expressing any opinion on the merits of the case, Signature Not Verified SAN considering the short term of sentence and contention of learned counsel for Digitally signed by LALIT SINGH RANA Date: 2022.03.24 11:56:19 IST the appellant and the fact that appellant and complainant are real brother.

There is no possibility of hearing of this appeal in near future. Hence, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid I.A.No.4818/2022 is allowed. The execution of jail sentence of appellant-Ashok Kumar Shukla is hereby suspended

subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the Registry of this Court on 06.09.2022 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

L.R.

Signature Not Verified SAN

Digitally signed by LALIT SINGH RANA Date: 2022.03.24 11:56:19 IST