Basantlal Burman vs The State Of Madhya Pradesh
2023 Latest Caselaw 12937 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 4245 of 2022
                                           (BASANTLAL BURMAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-08-2023
                                Shri Sanjeev Kumar Singh- Advocate for the appellant.

                                Shri Pankaj Raj-PL for the respondent/State.

Record of the court below has been received. Heard on admission.

Appeal is admitted for hearing.

Parties are heard on I.A.No.16865/2023 an application under Section

389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant Basantlal Burman arising out of judgment dated 30.3.2022 delivered in S.T.No.01/2020 passed by 1st Additional District Judge to the Court of 3rd Additional Sessions Judge, Katni.

T h e appellant has been convicted under Section 323 of IPC and sentenced to undergo R.I. for 1 month and Section 329 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant submits that appellant has been convicted under Section 323 of IPC and sentenced to undergo R.I. for 1 month

and Section 329 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.1,000/-. Learned trial Court has suspended the jail sentence of the appellant for a period of thirty days and thereafter, the appellant has absconded. Appellant is in custody since 22.06.2023 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 Panel Lawyer. Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 8/10/2023 11:02:26 AM

Looking to the short sentence and the fact that 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.16865/2023 is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant 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, Katni on 10.10.2023 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.

List for final hearing in due course.

(ACHAL KUMAR PALIWAL) JUDGE

sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 8/10/2023 11:02:26 AM