Sachin Prajapati vs The State Of Madhya Pradesh
2022 Latest Caselaw 13909 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 9200 of 2022
                                            (SACHIN PRAJAPATI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-10-2022
                                 Shri Raunak Yadav, learned counsel for the appellant.

                                 Shri Manoj Kumar Jha, learned Panel Lawyer for the respondent/State.

Call for the record of the trial Court.

Appellant has been convicted for commission of offence under Section 411 of IPC and has been sentenced to RI for three years and fine of Rs.1000/- with default stipulation vide judgment of conviction and order of sentence dated

28.9.2022 passed in S.T. No.69/2017 (State of M.P. Vs. Gaya Prasad and others) by 1st Additional Sessions Judge, Niwadi.

Heard on I.A.No.19232/2022, an application under Section 389(1) of the Code of Criminal Procedure for suspension of jail sentence and grant of bail pending the appeal.

Learned counsel for the appellant has submitted that no stolen property was seized from the possession of the appellant. In the course of trial, he was on bail. He has not misused the liberty granted to him by way of bail during

trial. Learned trial Court has not properly appreciated the evidence of prosecution witnesses. Seizure of the stolen property was not duly proved from his possession. Appellant has fair chances to succeed in appeal. Appellant has been released on bail by the trial Court itself till today for filing the appeal. There is no likelihood of hearing of this appeal in near future, therefore, if the sentence which is of 3 years is not suspended, the purpose of filing of this appeal would become futile. Therefore, it has been prayed that the appellant be released on bail pending the appeal.

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 10/29/2022 11:13:26 AM

On the other hand, learned Panel Lawyer for the respondent/State has opposed the grant of bail.

Appellant has been convicted for commission of offence under Section 411 of IPC and 3 years R.I. has been awarded along with fine. Appellant has already suffered some period in detention. There is no possibility of hearing of this appeal in near future. Therefore, having taken into consideration the submissions made by learned counsel for the appellant and short nature of sentence, I am of the view that it is a fit case in which execution of jail sentence can be suspended till final disposal of appeal.

Consequently, I.A.No.19232/2022 is allowed. The execution of jail

sentence of appellant is hereby suspended subject to depositing the fine amount, if not already deposited, before the trial Court.

I t is directed that upon depositing the fine amount (if not already deposited), the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety in the like amount to the satisfaction of the trial court for his appearance before the trial Court on 25.01.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

In case the appellant fails to appear before trial Court on the dates fixed by it, it shall be at liberty, subject to intimation to Registry of this Court, to issue arrest warrant to secure his presence.

List this case for arguments on admission after receipt of trial Court record.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) Signature Not Verified Signed by: DEEPA MISHRA Signing time: 10/29/2022 11:13:26 AM

JUDGE mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 10/29/2022 11:13:26 AM