Prakash Kushwaha vs The State Of Madhya Pradesh
2022 Latest Caselaw 13674 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 6174 of 2022 (PRAKASH KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

Dated : 17-10-2022 Shri Hemant Namdeo, Advocate for the appellant.

Shri S.K. Kashyap, Govt. Advocate for the State. Heard on the admission.

Admit.

Also heard on I.A.No.13497/2022, which is the first application for suspension of sentence and grant of bail to appellant

Appellant has been convicted under Section 471 of IPC and sentenced to R.I. for 04 years with fine of Rs.1000/- and Section 420/120-B of IPC and R.I. for 03 years with fine of Rs.1000/- respectively, with default stipulations.

Learned counsel for appellant appellant submits that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. Maximum sentence awarded to the appellant is 04 years. He further submits that appellant is innocent and has falsely been implicated in the case. It is further submitted that during trial appellant was on bail and did not misuse the liberty granted to him. Fine amount has already been deposited by him in the

trial Court as stated by his counsel. He also submits that appellant has already been served more than six months in the custody. Appellant is in jail from the date of judgment i.e. 28.06.2022 and disposal of this appeal would take considerable time, therefore, jail sentence of the appellant may be suspended and he may be released on bail.

Signature Not Verified SAN Learned Government Advocate for the State has opposed the bail Digitally signed by NITESH PANDEY Date: 2022.10.17 18:21:49 IST applications.

Looking to the nature of offence and age of the appellant and taking into account that the findings given by the trial Court and sentence awarded by it and the fact that the appeal would take considerable time for its final disposal as well as other facts and circumstances of the case, without commenting upon the merits of the case, the application is allowed.

I t is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellant shall remain suspended during the pendency of this case and he shall be released on bail.

Appellant shall appear before the trial Court concerned on 23.02.2023 and on all such subsequent dates, as may be fixed in this regard.

It is made clear that if the appellant is found involved in any criminal case in future, this order shall become ineffective.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2022.10.17 18:21:49 IST