Abhishek Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 6589 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                              CRA No. 2529 of 2022
                  (ABHISHEK KUSHWAH Vs THE STATE OF MADHYA PRADESH)


Dated : 02-05-2022
      Shri Dheeraj Budholiya, learned counsel for the appellant.
      Shri Vinod Pathak, learned Panel Lawyer for the respondent/State.

I.A. No.6921/2022, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Heard on I.A. No. 5344/2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant- Abhishek Kushwah.

This Criminal Appeal assails the judgment dated 19/01/2022 passed in S.T. No.44/2021 by Sessions Judge, Vidisha (M.P.) whereby, appellant stands convicted under Section 307 of IPC and sentenced him to undergo 7 years RI with a fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellant- submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. The appellant has suffered total around 19 months of jail incarceration as against seven years sentence awarded. There is no role of the appellant in the commission of alleged offences. It is further submitted that the

final hearing of this appeal will take long time. Appellant will abide by any condition which may be imposed by this Court. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on

record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 5344/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with a

solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be

released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 30/06/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance. Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar

Digitally signed by SHUBHANKAR MISHRA Date: 2022.05.02 16:35:56 +05'30'