Amit vs The State Of Madhya Pradesh
2023 Latest Caselaw 20239 MP

Madhya Pradesh High Court

Amit vs The State Of Madhya Pradesh on 1 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 12941 of 2023
                                                   (AMIT Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-12-2023
                                 Mr. P.S.Chouhan - Advocate for the appellant.

                                 Ms. Chandrakanta Pal - Panel Lawyer for the respondent/ State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Heard on I.A. No. 25024 of 2023, which is first application under

Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out of judgment dated 19.07.2023 passed by First Additional Sessions Judge to the Court of Fourth Addl. Sessions Judge, District Betul in Sessions Trial No.174 of 2020.

T h e appellant has been convicted for the offence punishable under Section 363 of the IPC and sentenced to R.I. for 3 years with fine of Rs.2,000/- along with default stipulation.

Counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the aforesaid offence. There are several omissions and

contradictions in the statements of prosecution witnesses. The appellant was on bail during trial and he did not misuse the liberty granted to him. Final hearing of this appeal would take sufficiently long time. Hence, prays for suspension of sentence and grant of bail to the appellant.

Learned counsel for the respondent/State has opposed the application for suspension of sentence and prays for its rejection.

I have heard counsel for the parties and perused the record. Considering the facts and circumstances of the case and the fact that final

hearing of the appeal would take sufficient long time and the appellant did not misuse the liberty of bail granted to him earlier, I am of the opinion that the jail sentence of appellant deserves to be suspended.

Accordingly, IA No. 25024 of 2023 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, the execution of remaining jail sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant- Amit after being enlarged on bail shall mark his presence

before the concerned trial Court on 21.12.2023 and thereafter on all subsequent dates as may be fixed in this behalf.

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

(HIRDESH) JUDGE

Vikram