Shivlal vs The State Of Madhya Pradesh
2023 Latest Caselaw 13825 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          CRA No. 10839 of 2023
                                                 (SHIVLAL Vs THE STATE OF MADHYA PRADESH)



                           Dated : 23-08-2023
                                 Shri Vishal Panwar, learned counsel for the appellant no.1.

                                 Shri Rahul Solanki, learned G.A. for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing. Also, heard on I.A. No.12966/2023, 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 appellant-SHIVLAL.

2. The trial Court has convicted the appellant vide judgment of conviction and order of sentence dated 14.08.2023 in S.T. No.153/2022 passed by the 3rd Additional Sessions Judge, Shajapur as under:-

                                        Conviction                               Sentence

                              Session & Act      Imprisonment        Fine     Imprisonment in lieu of fine

                             326/34 of the IPC    3 years R.I.   Rs.5,000/-         One Month R.I.

3. Learned counsel for the appellant submits that short sentence of 3 years has been involved in this case. The appellant was on bail during the trial and he never misused the liberty so granted to him. Trial Court has itself suspended the jail sentence of the appellant till 14.09.2023 and hence prayer is made for suspension of jail sentence and grant of bail to the appellant.

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

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 24-08-2023 18:38:05

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 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.12966/2023 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-SHIVLAL shall be released on bail, on 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. List for final hearing in due course. C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

ajit

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 24-08-2023 18:38:05