Sunil vs The State Of Madhya Pradesh
2023 Latest Caselaw 6141 MP

                                                    1
                            IN THE HIGH COURT OF MADHYA PRADESH
                                          AT INDORE
                                            CRA No. 5058 of 2023
                                 (SUNIL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

              Dated : 17-04-2023
                      Shri Vijay Sharma - Advocate for the appellant.

                      Smt. Varsha Singh Thakur - GA for respondent/State.

Heard on IA No.5082 of 2023, which is an application for exemption from filing certified copy of the impugned judgment.

Trial Court has given certified copy with its signature, that is sufficient. Hence, IA No.5082 of 2023 is disposed of and appellant is exempted

from filing certified copy of the aforesaid judgment.

Also heard on IA No.5081 of 2023, which is an application under Section 389(1) of Cr.P.C. on behalf of the appellant-Sunil for grant of bail and suspension of remaining jail sentence.

Appellant has been convicted for the offence under Section 354 of IPC and sentenced to 1 year R.I. with fine of Rs.500/-, with usual default stipulation.

Learned counsel for the appellant contended that the appellant is innocent and he has been falsely implicated in the aforesaid offence. Appellant was remained on bail during trial and he did not misuse the liberty given to him.

There is a strong case in favour of the appellant. Final conclusion of appeal will take a long sufficient time. Hence he prays for grant of bail and suspension of remaining jail sentence of the appellant.

Per contra, learned GA for the respondent/State opposes the application for suspension of sentence and prays for its rejection. Signature Not VerifiedAfter considering the facts and circumstances of the case, submissions Signed by: TRILOK SINGH SAVNER made by learned counsel for both the parties, nature and gravity of the allegation Signing time: 18-Apr-23 10:17:04 AM

against the appellant and also taking note of the fact that appellant was remained on bail during the trial and he did not misuse the liberty given to him and that final conclusion of this appeal will take a long sufficient time, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.5081 of 2023 is allowed and the execution of remaining jail sentence of the appellant-Sunil is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.75,000/- 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 26.10.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Let the record of the court below be requisitioned and the appeal be listed immediately after receipt of record.

C.C. as per rules.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 18-Apr-23 10:17:04 AM