Gopal Sigh Savner vs The State Of Madhya Pradesh
2023 Latest Caselaw 12783 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    CRA No. 10069 of 2023
                                    (GOPAL SIGH SAVNER Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 08-08-2023
                               Shri Anil Tiwari - Advocate for the appellant.

                               Shri Arvind Singh - Government Advocate for the respondent/State.

Heard on admission.

Appeal is admitted for final hearing.

Let record of the Court below be called for

Parties are heard on I.A.No.18980/2023 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant Gopal Singh Sanver arising out of judgment dated 8.7.2023 delivered in SCATR by Special Judge (SC/ST Act), Khandwa, Distt. Khandwa.

T h e appellant has been convicted under Section 323 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.500/- and Section 3(2) (5-a) of SC/ST Act and sentenced to undergo RI for 6 months with fine of Rs.500/- and Section 3 (1) (dha) of SC/ST Act and sentenced to undergo RI for 6 months with fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. Learned counsel for the appellant further submits that appellant was on bail during trial and the trial Court has suspended his jail sentence till 07/10/2023 and the final hearing of this appeal is not possible in near future, therefore, remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Government Advocate. Looking to the short sentence and also the fact that the appellant was on Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 8/9/2023 12:05:21 PM

bail during trial and learned trial court has suspended his jail sentence and the final hearing of this appeal is not possible in near future and without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.18980/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant - Gopal Singh Sanver is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty 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 concerning trial Court,

Khandwa on 04.09.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

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Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 8/9/2023 12:05:21 PM