Kamal Bafna vs Nilesh Jain
2022 Latest Caselaw 14172 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                            AT INDORE
                               CRA No. 9676 of 2022
                               (KAMAL BAFNA Vs NILESH JAIN)

Dated : 02-11-2022
       Shri Rajesh Yadav, learned counsel for the appellant.

       Shri Kapil Mahant, learned Govt. Advocate for the respondent /State.

Heard on I.A.No.13941/2022, which is first application filed under Section 389 of Cr.P.C, 1973 for suspension of jail sentence moved on behalf of the appellant - Kamal Bafna.

Appellant has been convicted for the offence punishable under Sections 420,

467 and 471 of IPC and sentenced him to undergo 4 years RI with fine of Rs.500/-, 4 years RI with fine of Rs.500/- and 1 year RI with fine of Rs.500/- respectively with default stipulations vide judgement dated 15.10.2022 passed by the 2nd Additional Sessions Judge, Indore in S.T. No.500292/2013.

Learned counsel for the appellant submits that after passing of the impugned judgment, appellant and respondent have settled their dispute amicably out of the Court and filed a compromise application along with application under Section 320 of Cr.P.C. for grant of permission to compromise the matter. Appellant had paid all the amount due against the respondent. There is no likelihood of hearing of the appeal in near future. With the aforesaid, prayer is made for suspension of the remaining custodial

period and grant of bail to the appellant.

Learned Govt. Advocate for the respondent/State opposes the prayer supporting the submission made by the counsel for appellant.

Having considered the rival submissions, material produced on record and considering the fact that the dispute was settled amicably out of this Court by the parties as well as considering overall material produced on record so also the fact that trial will take time to conclude, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the appellant. Hence, without

expressing any opinion on merits of the matter I.A.No.13941/2022 is allowed and

jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited he shall be released on bail, on furnishing a personal bond in the sum of

Rs.50,000 /-(Rupees Fifty thousand only) alongwith a solvent surety in the like amount to the satisfaction of the Trial Court, for his appearance before the Registry of

this Court firstly on 12.12.2022 and on such other dates, as may be fixed by the

Registry in this regard, till final disposal of this appeal.

Let record of the Lower Courts be requisitioned.

List after receipt of record.

Certified copy, as per Rules.

(SATYENDRA KUMAR SINGH) JUDGE

Vibha VIBHA PACHORI 2022.11.02 16:05:32 +05'30'