Ashok vs Madhya Pradesh Shasan
2022 Latest Caselaw 13681 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 9353 of 2022 (ASHOK Vs MADHYA PRADESH SHASAN)

Dated : 17-10-2022 Shri Narendra Nikhare, learned counsel for the appellant.

Ms. Ekta Gupta, learned Panel Lawyer for the State. Heard on admission.

The appeal is admitted for final hearing. Heard on I.A. No.19456/2022, which is first application for suspension of sentence and grant of bail filed on behalf of the appellant.

Although record is not available but as per the impugned judgment the appellant has been convicted by the trial Court under Section 333 of the IPC and sentenced to undergo R.I. for 3 years with fine of Rs.25,000/- deposited by the appellant as stated in his application, with default stipulation.

The trial Court has suspended the jail sentence of the appellant till 26.10.2022 as is mentioned in I.A. No.19456/2022. Disposal of this appeal would take considerable time, therefore, jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application for suspension of

sentence and grant of bail filed on behalf of the appellant.

Looking to the nature of offence, period of jail sentence awarded to the appellant and the fact that trial Court has suspended the jail sentence of the appellant, I find it to be a fit case to suspend the custodial sentence of the appellant and to release him on bail, therefore, without commencing on the merit Signature Not Verified SAN of the case, this application is allowed. Digitally signed by APARNA TIWARI Date: 2022.10.18 11:57:54 IST It is made clear that if the appellant is found involved in similar offences

in future, this order of suspension shall become ineffective.

It is directed that subject to depositing the fine amount, if not already deposited and 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. The 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 during the pendency of this appeal, without fail.

Record be Court below be requisitioned.

List the case after 8 weeks.

(SMT. ANJULI PALO) JUDGE

AT

Signature Not Verified SAN

Digitally signed by APARNA TIWARI Date: 2022.10.18 11:57:54 IST