Bharat vs The State Of Madhya Pradesh
2023 Latest Caselaw 5753 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 184 of 2023 (BHARAT Vs THE STATE OF MADHYA PRADESH)

Dated : 10-04-2023 Shri Rishiraj Trivedi, learned counsel for the appellant.

Shri Suhas Pundlik GA appearing on behalf of Advocate General.

Heard on admission.

The appeal is admitted for final hearing. Heard on IA.No.135/2023, which is first application filed under section

389(1) of the Cr.P.C for grant of bail and suspension of jail sentence of the appellant.

Learned counsel for the appellant submits that the appellant is in custody because of his conviction under section 363 and 366 of IPC and sentence to undergo 5-5 years RI with fine of Rs.5,000/, for each offence with default stipulation. It is further submitted that the appellant is in custody since 19.12.2022 i.e, the date of judgment. There is strong case in favour of the appellant, the appellant was on bail during trial and has not misused the liberty so granted to him. Final conclusion of present appeal is likely to take long time.

Under these circumstances, he prays for grant of bail and suspension of execution of remaining jail sentence of the appellant till disposal of present appeal.

Per-contra, learned Govt. Advocate opposes the application and prays for its rejection. However, he fairly admitted that no criminal antecedent has been found against the appellants.

After considering the submissions made by learned counsel for the parties, nature of the allegation against the appellant, looking to the facts and Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/10/2023 6:48:49 PM

circumstances of the case and the appellant was on bail during trial and has not misused the liberty and is having no criminal background and final conclusion of appeal is likely to take long sufficient time, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A.No.135/2023 is allowed and the execution of jail sentence of the appellant is hereby suspended and it is ordered that he be released on bail on his depositing the fine amount and furnishing a personal bond for a sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court on 17.10.2023 and

also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE

Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/10/2023 6:48:49 PM