Sukhlal Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 12932 MP

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                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                                                  CRA No. 7111 of 2023
                                             (SUKHLAL YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 09-08-2023
                                   Shri Vishwamohan Bhardwaj - Advocate for appellant.

                                   Shri Yaduvendra Dwivedi - Panel Lawyer for State.

                                   Reserved on                       :        07.08.2023
                                   Pronounced on                     :        09.08.2023
                          ...........................................................................................................................

Heard on admission.

The appeal being arguable is admitted for hearing. Also heard on I.A No.13044/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellant.

The appellant has been convicted for offence punishable under Section 324 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent

and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for the aforesaid offences. The appellant is in custody and the appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that his application for suspension of sentence may be considered.

On the other hand, learned counsel for the State has opposed the Signature Not Verified Signed by: POONAM MANEKAR Signing time: 8/10/2023 2:37:04 PM

application and prayed for its rejection.

Heard learned counsel for the parties, perused the judgment and record of the court below.

Looking to the o ver all facts and circumstances of the case and the evidence available on record as well as the grounds raised about infirmities in its appreciation, this Court finds it to be a fit case to suspend the jail sentence of the appellant and release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees

Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 07.11.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 8/10/2023 2:37:04 PM