Kharesh Mehar @ Tankar vs The State Of Madhya Pradesh
2023 Latest Caselaw 20218 MP

Madhya Pradesh High Court

Kharesh Mehar @ Tankar vs The State Of Madhya Pradesh on 1 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 14716 of 2023
                                          (KHARESH MEHAR @ TANKAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-12-2023
                                 Shri N.K. Shah - Advocate for appellant.

                                 Shri Shailendra Mishra - Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Record of court below be called for.

Also heard on I.A. No.27669/2023, this is first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Kharesh Mehar @ Tankar.

The appellant has been convicted vide judgment dated 30/10/2023 passed by Sessions Judge, Bhopal in S.T. No. 116/2022 and appellant has been convicted for offence punishable under Sections 294 and 324of IPC and under Section 25(1-B)B of Arms Act and sentenced to undergo RI for one year and to pay fine amount of Rs. 500/- for each offence respectively with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. The custodial sentence of appellant had already been suspended by trial Court till 30/11/2023. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail

sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellant and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that custodial sentence of appellant had already been suspended by trial Court till 30/11/2023 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant -Kharesh Mehar @ Tankar shall remain suspended during the pendency of this appeal

subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in like amount to the satisfaction of the trial Court for securing his presence before the trial Court on 02/01/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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