Kallu @ Mahesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6584 MP

                                                                           1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                   CRA No. 4036 of 2022
                                                         (KALLU @ MAHESH Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 02-05-2022
                                           Shri B.J. Chourasiya, learned counsel for the appellant.

                                           Miss Supriya Singh, learned Panel Lawyer for the respondent/State.

Heard on the question admission.

The appeal appears to be arguable, therefore, it is admitted for final hearing. Record of the Court below be called for.

Also heard on I.A. No.7562/2022, which is the first application for

suspension of sentence and grant of bail to the appellant.

Vide the impugned judgment dated 24.03.2022 passed by the Special Judge, SC/ST, District Chhatarpur in S.T. No.226/2015, the present appellant has been convicted for the offence punishable under Section 308 (three counts) of the Indian Penal Code and sentenced on each count to suffer R.I. for 2 years with a fine of Rs.500/- (total Rs.1500/-), in default further R.I. for 6 months.

Learned counsel for appellant submits that the trial Court has granted bail to the appellant upto 17.05.2022. He submits that in view of the judgment passed by the trial Court and the finding given therein, it is clear that the present appellant has

wrongly been convicted and he is otherwise entitled to be acquitted. He submits that considering the aforesaid, the application for suspension of sentence and grant of bail may be allowed.

On the other hand, learned counsel appearing for the State has opposed the prayer of suspension of sentence and grant to bail.

Considering the aforesaid and the fact that the appeal would take time to be heard finally, without commenting anything on merits, I am inclined to consider and allow the application. Accordingly, I.A. No.7562/2022 is allowed.

I t is directed that on appellant's depositing the entire fine amount (if not deposited) as also furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of Signature Not Verified SAN the trial Court for his appearance before the Registry of this Court on 16.08.2022 and on all such subsequent dates as may be fixed in this regard, sentence of Digitally signed by ANIL CHOUDHARY Date: 2022.05.02 18:59:57 IST

imprisonment awarded to the appellant shall remain suspended and he shall be released on bail, if not required to be detained in any other case.

Accordingly, I.A. No.7562/2022 stands allowed and disposed of. Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

ac/-

Signature Not Verified SAN

Digitally signed by ANIL CHOUDHARY Date: 2022.05.02 18:59:57 IST