Suresh Soni vs The State Of Madhya Pradesh
2023 Latest Caselaw 6808 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2851 of 2023 (SURESH SONI Vs THE STATE OF MADHYA PRADESH)

Dated : 26-04-2023 Shri Durgesh Singh Singrore - counsel for the appellant.

Ms. Seema Jaiswal - Panel Lawyer for the State.

Considered I.A.No. 4362 of 2023, which is an application under Section 389(1) Cr.P.C. for suspension of sentence on behalf of appellant.

By the impugned judgment passed by the trial Court, the appellant has

b een convicted for offence punishable under section 329 of the IPC and sentenced to undergo R.I. for 5 years with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submitted that appellant/applicant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. It is further contended that the complainant had entered into the house of the appellant and a counter case has been registered against them. Nothing has been seized from the appellant. Final disposal of instant appeal would take

considerable time. Hence, prayer has been made to suspend the jail sentence of the appellant/applicant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

I have heard learned counsel for the parties and perused the record. From perusal of the impugned judgment, it is apparent that a counter case has been Signature Not Verified SAN

registered against the complainant party for offences punishable under Sections Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.04.26 18:54:59 IST 452, 354, 354-A, 323 506/34 of the Indian Penal Code. The trial Court has

narrated the evidence of Smt. Kamlesh Soni (DW-1) in paragraph 22 of impugned judgment. Considering the overall facts and evidence of the case coupled with the fact that the final disposal of this appeal would take considerable time to conclude, without commenting on merits of the case, the application is allowed.

Accordingly, it is hereby directed that on deposit of fine amount, if not already deposited, execution of remaining jail sentence of appellant- Suresh Soni shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond of Rs.40,000/- [Rupees Forty Thousand only] with a solvent surety bond in the like amount to the satisfaction

of the Trial Court for his appearance before trial Court on 14/09/2023 and thereafter on each subsequent dates as may be directed by the trial Court in that regard.

Accordingly, I.A. No.4362 of 2023 is allowed. List this case for final hearing in due course. C.C. as per rules.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.04.26 18:54:59 IST