Deepak vs The State Of Madhya Pradesh
2023 Latest Caselaw 13681 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     CRA No. 10760 of 2023
                                               (DEEPAK Vs THE STATE OF MADHYA PRADESH)

                         Dated : 22-08-2023
                               Shri Manoj Kumar Sahani - Advocate for the appellant.

                               Ms. Varsha Singh Thakur - Dy. G.A. for the respondent/State.

Heard on I.A. No.12864/2023, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of the appellant Deepak.

2. The trial Court has convicted the appellant vide judgment of conviction dated 05.08.2023 passed in S.T. No.43/2020 by the Additional Sessions Judge, Khachrod, District Ujjain and sentenced the appellant under Sections 354, 354-A and 451 of IPC to undergo 03 years RI with fine of Rs.3,000/-, 01 year RI with fine of Rs.1,000/- and 06 months RI with fine of Rs.500/-, respectively with usual default stipulation.

3. Learned counsel for the appellant submits that appellant has not committed the offence and has falsely been implicated in the case. The appellant was on bail during the trial and he never misused the liberty so granted to them.

Trial Court has itself suspended the jail sentence of the appellant till 04.10.2023 and hence, prayer is made for suspension of jail sentence and grant of bail to the appellant.

4 . Learned Deputy Govt. Advocate opposes the prayer made by the appellant and prays for its rejection.

5 . I have heard learned counsel for both the parties and perused the record.

6. Looking to the facts and circumstances of the case, coupled with the Signature Not Verified Signed by: SHRUTI JHA Signing time: 22-08-

2023 19:13:51

fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.12864/2023 is allowed and the jail sentence of the appellant shall remain suspended.

7. It is directed that subject to depositing the fine amount, if already not deposited, appellant Deepak shall be released on bail, on his furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 09.10.2023, and on such other dates, as may be fixed by the Registry in this regard, till final

disposal of this appeal.

8. Record of the trial Court be requisitioned. Certified copy as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

Shruti

Signature Not Verified Signed by: SHRUTI JHA Signing time: 22-08-

2023 19:13:51