Abdul Gaffar vs The State Of Madhya Pradesh
2022 Latest Caselaw 12335 MP

                                                                            1
                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                               CRA No. 4925 of 2022
                                                     (ABDUL GAFFAR Vs THE STATE OF MADHYA PRADESH)

                         Dated : 15-09-2022
                                   Mr. Ashish Kumar Kurmi, learned counsel for the appellant.

                                   Mr. Raghuveer Prajapati, learned Panel Lawyer for the respondent/State.

Heard on admission.

The appeal is admitted for hearing.

Heard on I.A. No.10722 of 2022, which is an application filed by the appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial Court for offence punishable under Section 136 of the Electricity Act and sentenced to undergo RI for 1 year years with fine of Rs.2,000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. There are material contradiction and omission in the testimonies of the witnesses. The jail sentnece of the appellant was suspended by the trial Court and it has been extended by this Court till today. The final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer for the State has opposed the application for suspension of sentence

and grant of bail.

Looking to the nature of offence, facts and circumstances of the case as well as the fact that disposal of this appeal would take considerable time, without commenting on merits of the case, I deem it appropriate to suspend the jail sentence of the appellant and to release him on bail. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that execution of remaining jail sentence of the appellant Abdul Gaffar shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Signature Not Verified SAN

Rs.30,000/- (Rupees Thirty Thousand only) with a surety in the like amount to the satisfaction Digitally signed by KOUSHALENDRA SHARAN SHUKLA of the trial Court concerned for his appearance before the concerned trial Court on 15.02.2023 Date: 2022.09.15 18:09:07 IST

and on such other dates as may be fixed in this regard during pendency of this appeal.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.09.15 18:09:07 IST