Naina @ Member Banjara vs The State Of Madhya Pradesh
2022 Latest Caselaw 7438 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                               CRA No. 4543 of 2022
                 (NAINA @ MEMBER BANJARA Vs THE STATE OF MADHYA PRADESH)

Dated : 19-05-2022
       Shri A.S. Jadon, learned counsel for the appellant.

       Shri Sushant Tiwari, learned Public Prosecutor for the respondent-State.

I.A. No.8204/2022, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Appeal being arguable, is admitted for final hearing. Heard on I.A. No. 8205/2022, which is first application under Section

389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 11/05/2022 passed in ST No. 31/2021 by Fifth Additional Sessions Judge, Guna (M.P.) whereby, appellant stands convicted under Section379 of the IPC and sentenced him to undergo 3 years RI with a fine of Rs.50,000/-,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 was on bail during trial and he has not misused the liberty so granted to him. Final hearing of this appeal will take long time. 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. 8205/2022 is hereby

allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty 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 11/07/2022 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.

(SUNITA YADAV) V. JUDGE

Prachi

PRACHI MISHRA 2022.05.19 13:37:06 +05'30'