Citation : 2023 Latest Caselaw 14320 MP
Judgement Date : 31 August, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8553 of 2023
(GOVIND @ GOPI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 31-08-2023
Shri Dheeraj Agrawal - Advocate for the appellant.
Ms. Chandrakanat Pal - Panel Lawyer for the respondent/State.
Record of the Court below be requisitioned. Heard on admission.
Admitted.
Also heard on I.A. No. 16296/2023 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 22.05.2023 delivered in SCATR No. 25/2016 by Special Judge, SC/ST (Prevention of Atrocities) Act, Jabalpur.
T h e appellant has been convicted under Section 451 of IPC and sentenced to undergo R.I. for six months with fine of Rs.500/- and Section 323 of IPC and sentenced to undergo R.I. for six months and fine of Rs. 500/- with default stipulations.
Learned counsel for the appellant submitted that applicant is an innocent
person. He has been falsely implicated in this case. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.
The prayer is opposed by learned Panel Lawyer. Considering the short period of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 16296/2023 is allowed.
Subject to depositing the fine amount, if not already deposited, the
remaining jail sentence of the appellant- Govind @ Gopi 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 concerning trial court Jabalpur on 06.11.2023 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 case for final hearing in due course. C. c. as per rules.
(ACHAL KUMAR PALIWAL) JUDGE
Digitally L.R.signed by LALIT SINGH RANA Date: 2023.09.01 10:32:54 +05'30'
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