Mayur vs The State Of Madhya Pradesh
2023 Latest Caselaw 13469 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 10347 of 2023
                                                   (MAYUR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-08-2023
                                 Shri M.P. Tripathi - Advocate for the appellant.

                                 Shri Akhilesh Singh-Government Advocate for the respondent/State.

Heard on admission.

The appeal is admitted for final hearing. Record of the Court below be requisitioned.

Also Heard on IA No. 19529/2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant-Mayur arising out of judgment dated 05.08.2023 delivered in S.T. No.35/2018 by First Additional Sessions Judge, Burhanpur, District-Burhanpur.

T h e appellant has been convicted under Section 411 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.1000/-, with default stipulation.

Learned counsel for the appellant submits that earlier learned trial Court suspended the jail sentence of the appellant and thereafter he is in jail since

21.07.2023. Final hearing of this appeal will take time, therefore, the remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned counsel for the State. Considering the short nature of sentence 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 the appellant.

Accordingly, aforesaid IA is allowed. Subject to depositing the fine amount, if not already deposited, the Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/21/2023 10:06:55 AM

remaining jail sentence of the appellant-Mayur is hereby suspended and it is directed that the he 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 Burhanpur, District-Burhanpur 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 the matter for final hearing in due course.

(ACHAL KUMAR PALIWAL) JUDGE

kundan

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