Ramesh Kirar vs The State Of Madhya Pradesh
2022 Latest Caselaw 15103 MP

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                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                   CRA No. 7757 of 2022
                                                          (RAMESH KIRAR Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 17-11-2022
                                            Mr. K.S.Rajput, learned counsel for the appellant.

                                            Shri Purushottam Soni, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal is admitted for hearing.

Heard on I.A. No. 16676 of 2022, which is the first application filed on behalf of the appellant for suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by trial Court under Sections 363 and 366 of the Indian Penal Code and sentenced to undergo R.I. for 2 years (fine Rs.3,000/-) and RI for 3 years (fine Rs.5,000/- ), respectively with default stipulations.

Learned counsel for the appellant has submitted that the maximum sentence awarded to the appellants is 03 years. It is also submitted that the jail sentence of the appellants was suspended by the trial Court till 16.09.2022 and thereafter this Court vide order dated 08.09.2022 extended the suspension of the sentence granted by the trial Court till today. Disposal of this appeal would

take considerable time, therefore, the custodial sentence of the appellants may be suspended and they may be released on bail.

Learned Panel Lawyer for the State has opposed the prayer for bail. I have heard learned counsel for the parties and perused the record. Looking to the nature of offence and period of jail sentence awarded to the Signature Not Verified SAN appellant, without commenting on the merits of the case, I deem it to be a fit Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.11.17 16:15:04 IST case to suspend the custodial sentence of the appellant and to release him on

bail, therefore, 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.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant namely Ramesh Kirar shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 17.03.2023 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, on each and every date, without fail.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.11.17 16:15:04 IST