Chironjilal Parte @ Kamlesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13396 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3577 of 2021 (CHIRONJILAL PARTE @ KAMLESH Vs THE STATE OF MADHYA PRADESH)

Dated : 17-08-2023 Shri Uma Shankar Jaiswal - Advocate for appellant.

Shri B.K. Upadhyay - Deputy Government Advocate for the State.

Heard on I.A.No.10417/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail.

The appellant has been convicted for the offences punishable under

Section 376(2)(dh) and 342 of IPC and sentenced to undergo RI for 10 years and RI for 6 months with fine of Rs.5000/- and 500/- respectively, with default stipulations.

Learned counsel for the appellants submits that 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 appellant for the aforesaid offence. 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 the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State has opposed the application and prays for its rejection.

Heard counsel for the parties and 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 Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 8/18/2023 4:31:07 PM

appreciation, this Court finds it to be a fit case to suspend the jail sentence of appellant and to 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 appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 06.11.2023 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.

(ANURADHA SHUKLA) JUDGE

DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 8/18/2023 4:31:07 PM