Ramesh Bansal vs The State Of Madhya Pradesh
2023 Latest Caselaw 13489 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 8501 of 2023
                                               (RAMESH BANSAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-08-2023
                                 Shri Atul Kumar Vishwakarma - Advocate for appellant.

                                 Shri Christopher Anthony - Panel Lawyer for respondent/State.

                                 Reserved on               :        11.08.2023
                                 Pronounced on             :        18.08.2023


                                 Arguments of both the counsels are heard at length.

                                 Judgment and record of the Court below perused.

                                                               ORDER

Heard admission.

The appeal appears to be arguable hence, admitted for final hearing.

Heard on I.A No.15831/2023, 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 the offence punishable under Section 409 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.10,000/-, with default stipulation as mentioned in the impugned judgment.

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 Signature Not Verified Signed by: NITESH PANDEY Signing time: 8/21/2023 2:54:49 PM

record and committed error in convicting the appellant for aforesaid offence. Appellant is in custody 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 may be considered.

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

Heard counsel for the parties and perused the record.

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 aforesaid I.A. No.15831/2023 stands allowed and disposed of.

List this case for final hearing in due course.

Signature Not Verified Signed by: NITESH PANDEY Signing time: 8/21/2023 2:54:49 PM

(ANURADHA SHUKLA) JUDGE rv

Signature Not Verified Signed by: NITESH PANDEY Signing time: 8/21/2023 2:54:49 PM