Premlal Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 13838 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 10374 of 2023
                                            (PREMLAL PANDEY Vs THE STATE OF MADHYA PRADESH)

                          Dated : 23-08-2023
                                 Shri Avnesh Shrivastava - Advocate for the appellant.

                                 Ms. Shanti Tiwari - Panel Lawyer 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.19565/2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant aris ing out of judgment dated 28.07.2023 delivered in S.C. No.35/2017 by Special Judge, S/ST Act, Umariya, District Umariya.

T h e appellant has been convicted under Section 354 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.2,000/-, with default stipulation.

Learned counsel for the appellant submits that Trial Court has suspended the sentence of the appellant till 28.08.2023. He was on bail during trial. Final

hearing of this appeal is not possible in near future. Thus, it is prayed that remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned counsel for the State. Considering the short 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, I.A. No.19565/2023 is allowed. Subject to depositing the fine amount, if not already deposited, the Signature Not Verified Signed by: ROSHNI SINGH Signing time: 8/24/2023 11:36:10 AM

remaining jail sentence of the appellant Premlal Pandey is hereby suspended and it is directed that the appellant 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 trial court Umariya on 30.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

R

Signature Not Verified Signed by: ROSHNI SINGH Signing time: 8/24/2023 11:36:10 AM