Tejbhan Urf Bhoora vs The State Of Madhya Pradesh
2022 Latest Caselaw 14580 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                     CRA No. 10075 of 2022
                                          (TEJBHAN URF BHOORA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-11-2022
                                 None for the appellant.

                                 Shri Pramod Thakre, learned Panel Lawyer for the respondent/State.

Call for the trial Court record.

Heard on I.A.No.20710/2022, an application under Section 389(1) of the Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.

The appellant has been convicted for commission of offence under Section 325 of IPC and and has been sentenced to undergo R.I for six

months and fine of Rs.3000/- with default stipulation by the 2nd Additional Sessions Judge, Sihora, District Jabalpur vide judgment dated 29.10.2022, passed in Special Trial No.80/2020 (State of MP Vs. Tejbhan @ Bhura).

Learned counsel for the appellant has submitted that learned trial Court has not properly appreciated the evidence of the prosecution witnesses as it has not considered the material contradictions and

omissions appeared in the evidence of the prosecution witnesses. Appellant has a fair chance to succeed in the appeal. There is no possibility of hearing of this appeal in the near future. Therefore, if execution of jail sentence is not suspended the purpose of filing of this appeal would become futile. Hence, it has been prayed that appellant/accused be released on bail.

O n the other hand, learned Panel Lawyer for the respondent/State

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 11/11/2022 12:13:12 PM

has opposed the prayer for grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Consequently, I.A.No.20710/2022 is allowed. The execution of jail sentence of appellant-Tejbhan @ Bhura is hereby suspended subject to depositing the 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 Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 30.01.2023 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 argument on admission after receipt of the record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

Jasleen

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 11/11/2022 12:13:12 PM