Nandkishore vs The State Of Madhya Pradesh
2023 Latest Caselaw 13210 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                      CRA No. 7493 of 2022
                                              (NANDKISHORE Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-08-2023
                                 Shri Rajan Banerjee- Advocate for the appellant.

                                 Shri Somesh Gupta - PL for the respondent/State.

Parties are heard on I.A. No.23489/2022 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant Nandkisnore arising out of judgment dated 10.8.2022 delivered in

S.T. No.100440/2012 by I Additional Sessions Judge, Bijawar.

T he appellant has been convicted under Section 394/397 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.5000/- with default stipulations.

Learned counsel for the appellant submits that name of appellant has not been mentioned in the FIR (Ex.P/1) and also that complainant has not identified the appellant in the TIP. It is further submitted by the appellant that if the complainant was already known to the appellant then why he did not name the appellant in the FIR and there is no recovery from the appllellant, therefore, jail

sentence of the appellant may be suspended.

The prayer is opposed by learned Government Advocate. Therefore, taking into consideration the testimonies of (PW-1) and (PW-

3) and FIR (Ex.P/1) coupled with the fact that no recovery has been made from the appellant and 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.23489 /2022 is allowed.

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/17/2023 5:52:00 PM

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 Bhopal 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.

List for final hearing in due course.

C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

sh

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/17/2023 5:52:00 PM