Abhineet Yadav @ Ashu vs The State Of Madhya Pradesh
2023 Latest Caselaw 13466 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 9330 of 2022 (ABHINEET YADAV @ ASHU Vs THE STATE OF MADHYA PRADESH)

Dated : 18-08-2023 Shri Manish Datt-Senior Advoate with Shri Eshaan Datt-Advocate for

the appellant.

Shri Arvind Singh-Government Advocate for the State.

Heard on I.A. No. 19436/2022 for suspension of remaining jail sentence and grant of bail to the appellant-Abhineet Yadav alias Ashu arising out of

judgment dated 19.09.2022 delivered in ST. No.22/2021 by Second Additional Sessions Judge, Kotma, District-Anuppur.

The appellant has been convicted under Section 420/120-B of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.8,00,000/-, with default stipulation.

Learned senior counsel for the appellant submits that no amount has been credited into the account of the appellant and no recovery has been made from him. In this connection, he has also drawn attention to Para-20 of the statement of PW-1 and Para-20 of the statement of PW-18 and submits that there is no

evidence to connect the appellant with the alleged offence. Final hearing of this appeal will take time, therefore the remaining jail sentence of appellant may be suspended.

The prayer is opposed by learned counsel for the State. Taking into consideration the above facts including testimonies of PW-1 and PW-18 coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of appellant.

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/21/2023 10:06:55 AM

Accordingly, aforesaid I.A. is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant-Abhineet Yadav alias Ashu is hereby suspended and it is directed that he be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five 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, Kotma, District Anuppur on 16/10/2023 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.

(ACHAL KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/21/2023 10:06:55 AM