Anmol Gedam vs The State Of Madhya Pradesh
2022 Latest Caselaw 7300 MP

                                    1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                             CRA No. 3100 of 2017
                    (ANMOL GEDAM Vs THE STATE OF MADHYA PRADESH)

Dated : 13-05-2022
       Shri Arun Kumar Singh, learned counsel for the appellant.

       Shri Devendra Shukla, learned Panel Lawyer for the State.
       Heard on I.A. No.5626/2022 which is fourth application filed on behalf
of the appellant for suspension of sentence and grant of bail.
       T h e appellant has been convicted by the impugned judgment dated
01.08.2017

passed by learned 11th Additional Sessions Judge, Bhopal in ST

No.717/2016 under Sections 363, 366 and 376 (2) (i) (N) of the Indian Penal Code and sentenced to undergo RI for 3 years (fine Rs.500/-), RI for 5 years (fine Rs.500/-) and RI for ten years (fine of Rs.1,000/-) with default stipulations. Earlier applications, namely, I.A. No.15505/2017, I.A. No.20450/2018 and I.A. No.15846/2021 have been dismissed vide orders dated 05.10.2018, 24.07.2019 and 14.01.2022, respectively.

Learned counsel for the appellant has submitted that the trial Court has n o t considered the evidence on record properly and hence arrived at an erroneous finding. It is further contended that the prosecution case is not

supported by DNA report. Due to previous animosity, the appellant has been falsely implicated. It is also contended that the appellant has already served more than half of the sentence. Therefore, it is prayed that the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the prayer for bail. Looking to the facts and circumstances of the case as well as the fact that the appeal has been filed in the year 2017 and the appeal would take further a

considerable time for disposal, it is deemed fit to suspend the custodial sentence of the appellant and to release him on bail. Therefore, without commenting on the merits, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant Anmol Gedam shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 9.9.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the trial Court concerned on each and every date fixed in this regard by that court without fail.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.05.13 19:05:53 IST