Jagannath Katiya vs The State Of Madhya Pradesh
2022 Latest Caselaw 6653 MP

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                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                      CRA No. 2669 of 2022
                                                          (JAGANNATH KATIYA Vs THE STATE OF MADHYA PRADESH)

                                       Dated : 04-05-2022
                                             Shri Ravi Shankar Yadav, learned counsel for the appellant.

                                             Shri Manoj Kushwaha, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Trial Court record has been received.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.4826/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

The appellant has been convicted for commission of offence under Section 304-B of IPC and has been sentenced to undergo R.I for 7 years and fine of Rs.1000/- with default stipulations by the learned 3rd Additional Sessions Judge, Linked Court Nainpur District-Mandla (MP) vide judgment dated 17.02.2022 passed in ST No. 70/2017 (State of MP Vs. Jagannath Katiya).

Learned counsel for the appellant has submitted that appellant is an innocent

person and has falsely been implicated in this case. Appellant has already served the jail sentence almost for a period of 5 years. Learned counsel further submitted that he has fair chance to succeed in appeal. There is no possibility of coming this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

O n the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail to the appellants.

Considering the period of incarceration already undergone by the appellant and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Signature Not Verified SAN Consequently, I.A.No.4826/2022 is allowed. The execution of jail sentence of appellant- Jagannath Katiya is hereby suspended subject to depositing the Digitally signed by LALIT SINGH RANA Date: 2022.05.04 17:17:59 IST

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 Forty 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 trial

Court on 20.09.2022 and also on such other dates, as may be fixed by that Court 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: 2022.05.04 17:17:59 IST