Citation : 2023 Latest Caselaw 5990 MP
Judgement Date : 12 April, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4885 of 2023
(NARAYAN JATAV Vs THE STATE OF MADHYA PRADESH)
Dated : 12-04-2023
Shri Arshad Ali M. Haque - Advocate for the appellant.
Shri R.K. Awasthi - Public Prosecutor for the respondent/ State.
I.A.No.6243/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant - Narayan Jatav.
This criminal appeal has been filed against the judgment dated 16.03.2023
passed in S.T.No.9/2019 by Special Judge (Electricity Act) District Shivpuri, whereby the appellant has been convicted under Section 136 of IPC and sentenced to undergo two years' R.I. with fine of Rs.10,000/- with default stipulations.
It is submitted by counsel for the appellant that the appellant has been falsely implicated in the case. The appellant has suffered sufficient jail incarceration. Appeal is of the year 2023 which may take long time for its conclusion. Under these circumstances, the execution of sentence be suspended and appellant be released on bail.
On the contrary, learned counsel for the State opposed the application and prayed for its rejection.
Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A.No.6243/2023 is allowed.
It is therefore, directed that if appellant deposit the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/- Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/12/2023 10:51:49 PM
(Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to the appellant shall remain suspended till further orders and he shall be released on bail.
Application I.A. No. 6243/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
Adnan
Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/12/2023 10:51:49 PM
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