Suresh Kumar Mishra vs The State Of Madhya Pradesh
2022 Latest Caselaw 12761 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 202 of 2022
                                         (SURESH KUMAR MISHRA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-09-2022
                                Shri Manish Datt, learned senior counsel with Shri Hussain Ali Saify,

                          learned counsel for the appellant.
                                Shri Gaurav Tiwari, learned P.L. for the respondent-State.

Learned counsel for the appellant prays for permission to withdraw I.A.Nos.11169/2022 & 11170/2022.

Prayer is accepted.

Accordingly, I.A.Nos.11169/2022 & 11170/2022 are dismissed as withdrawn.

Heard on IA No.218/2022, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Suresh Kumar Mishra and release him on bail.

This appeal has been preferred against the judgment dated 31/12/2021 passed by Additional Judge to the Court of First Additional Sessions Judge, Bijawar, District Chhatarpur in S.T.No.100307/2013 whereby learned Additional Sessions Judge found the appellant guilty for the offences punishable under

Section 409, 467 of the IPC and sentenced him to undergo R.I for seven years with fine of Rs.2,000/- and R.I. for seven years with fine of Rs.2,000/- respectively with default stipulations.

Learned counsel for the appellant submitted that there is no evidence on record to show that the alleged amount was received by appellant. There is no minimum sentence prescribed under Sections 409 & 467 of the IPC. There are many contradiction and omission in the statement of prosecution witnesses. Signature Not Verified Signed by: ANURAG SONI Signing time: 9/22/2022 4:33:56 PM

The appellant is in judicial custody since the date of judgment i.e. 31/12/2021. Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.

On the other hand, learned counsel for the State opposed the prayer and submitted that the guilt of the appellant is proved beyond reasonable doubt, so the learned trial Court did not commit any mistake in finding the appellant guilty for the aforesaid offence, so the sentence of appellant should not be suspended.

Looking to the facts and circumstances of the case and the fact there is no minimum sentence prescribed under Sections 409 & 467 of the IPC, the

appellant is in custody since 31/12/2021 and according to listing policy the hearing of this appeal is likely to take long time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 20/12/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

The appeal has already been admitted for final hearing, so it be listed for final hearing in due course.

C.C. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 9/22/2022 4:33:56 PM