Ramakant Pandey @ Doctor vs The State Of Madhya Pradesh
2023 Latest Caselaw 13488 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7560 of 2023 (RAMAKANT PANDEY @ DOCTOR Vs THE STATE OF MADHYA PRADESH)

Dated : 18-08-2023 Shri S. R. Kushwaha - Advocate for appellant.

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

Heard on admission.

The appeal being arguable is admitted for hearing. Also heard on I.A No.13800/2023, which is first application under

Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.

The appellant has been convicted for an offence punishable under Section 392 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.10,000/-, with default stipulation.

Learned counsel for the appellant submits that the 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 an error in convicting the appellant for aforesaid offence.

The jail sentence of appellant was suspended till 20.6.2023 by the trial court itself (as mentioned in the application). The maximum sentence awarded to the appellant is of one year and 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 of the appellant may be considered.

On the other hand, learned counsel for the State has opposed the Signature Not Verified Signed by: NITESH PANDEY Signing time: 8/21/2023 12:08:40 PM

application and prayed for its rejection.

Heard learned counsel for the parties, perused the judgment and record of the court below.

Looking to the over all facts and circumstances of the case and the evidence available on record as well as the grounds raised about infirmities in its appreciation, this Court finds it to be a fit case to suspend the jail sentence of the appellant and to release him on bail. Therefore, without commenting on the merit of the case, this application is allowed.

It 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 the 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 application stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

Nitesh

Signature Not Verified Signed by: NITESH PANDEY Signing time: 8/21/2023 12:08:40 PM