Denya @ Dilip vs The State Of Madhya Pradesh
2023 Latest Caselaw 12814 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                          CRA No. 10077 of 2023
                                                (DENYA @ DILIP Vs THE STATE OF MADHYA PRADESH)

                            Dated : 08-08-2023
                                   Shri Anopam Chouhan, learned counsel for the appellant.

                                   Shri Sudhanshu Vyas, learned Panel Lawyer for the respondent/State.

Heard on I.A.No.11963/2023, which is an application for condonation of delay in filing the appeal.

For the reasons stated in the application, I.A.is allowed. The delay is

condoned.

Also heard on I.A. No.11962/2023, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant.

The trial Court has convicted the appellant under Section 392 of IPC and sentenced to undergo two years' RI with fine of Rs.1,000/- with default stipulation, vide judgment of conviction and order of sentence dated 31.1.2023 passed by Sessions Judge, Barwani, District Barwani in S.T.No.77/2022.

Learned counsel for the appellant submits that the trial Court has has not

appreciated the evidence properly and wrongly convicted the appellant. The appellant has served the sentence for two months and twenty four days during trial and he is in custody since the date of judgment i.e. 31.1.2023. Final disposal of this appeal will take sufficient long time therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer for the respondent/State has opposed the prayer of the appellant and prays for its rejection. Signature Not Verified Signed by: SHAILESH PATIL Signing time: 8/9/2023 9:58:57 AM

I have heard learned counsel for both the parties and perused the case. Considering the facts and circumstances of the case coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A.No.11962/2023 is allowed and jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the

Registry of this Court firstly on 16.10.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List for admission alongwith record.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

patil

Signature Not Verified Signed by: SHAILESH PATIL Signing time: 8/9/2023 9:58:57 AM