Om Prakash Sahu vs The State Of Madhya Pradesh
2022 Latest Caselaw 15043 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 10262 of 2022
                                       (OM PRAKASH SAHU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 16-11-2022
                                  Shri Yogesh Singh Baghel, learned counsel for the appellant.

                                  Shri Pankaj RAj, learned Panel Lawyer for the respondent/State.

Upon furnishing process fee within three working days from today, issue notice to respondent No.2.

Call for the trial Court record.

Heard on I.A.No.21059/2022, an application under Section 389(1) of the

Cr.P.C for suspension of jail sentence and grant of bail to the appellant.

T h e appellant has been convicted for commission of offence under Section 325 and 323 of IPC and has been sentenced to 1 year RI and fine of Rs.2000/- with default stipulation by the Special Judge, Shahdol, District Shahdol vide judgment dated 11.10.2022, passed in Special Trial No.43/2016 (State of MP Vs. Om Prakash Sahu).

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 has opposed the prayer for grant of bail to the appellant. Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 11/17/2022 1:57:48 PM

In this case, only one year jail sentence has been awarded by the trial Court, if same is not suspended the possibility of becoming this appeal futile cannot be overlooked. As 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.21059/2022 i s allowed. The execution of jail sentence of appellant-Om Prakash Sahu 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: 11/17/2022 1:57:48 PM