Kishan vs The State Of Madhya Pradesh
2022 Latest Caselaw 15850 MP

                                                                1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                         CRA No. 7876 of 2022
                                                   (KISHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 30-11-2022
                                   Mr. Satyendra Singh Rajput, learned counsel for the appellant.

                                   Mr. Ramadhar Chaubey, learned Public Prosecutor for the respondent -

State.

Heard o n I.A. No. 14184 of 2022, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellants.

This Criminal Appeal assails the judgment dated 18.8.2022 passed by

First Additional Sessions Judge, Guna, District Guna in S.T. No. 30/2017, whereby appellant has been convicted and sentenced under Section 148 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1,000/- and under Section 307/149 of IPC to undergo rigorous imprisonment of seven years with fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without proper appreciation of facts of the case. The appellant has already undergone two and half years of incarceration out of total jail sentence of seven years. Present criminal appeal is likely to take

long time to conclude. 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 rendered by learned counsel for the appellant Signature Not Verified Signed by: ALOK KUMAR Signing time: 01-Dec-22 10:07:34 AM

as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 14184 of 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. Appellant is further directed to mark his appearance before the Office of this Court on 09.1.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case 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) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 01-Dec-22 10:07:34 AM