Adil vs The State Of Madhya Pradesh
2023 Latest Caselaw 20387 MP

Madhya Pradesh High Court

Adil vs The State Of Madhya Pradesh on 4 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 11457 of 2023
                                                   (ADIL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 04-12-2023
                                 Shri P.K.Mishra - Advocate for appellant.

                                 Ms.Shanti Tiwari - Panel Lawyer for respondent/State.

Heard on the question of admission.

Admit.

Also heard on I.A. No.27459/2023 t h is is first application for

suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant.

T h e appellants has been convicted vide judgment dated 01.08.2023 passed by Vth Additional Sessions Judge, Chhindwara in S.T. No. 86/2022 and appellant has been convicted for offence punishable under Sections 341 and 395 of IPC and sentenced to undergo SI for 1 month and to pay fine amount of Rs. 500/- and sentenced to undergo RI for 5 years and to pay fine amount of Rs. 1,000/-, 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 appellant is in jail. 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 appellant is in jail 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 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 he presence before

the trial Court on 24/01/2024 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 along with CRA No.11108 of 2023 for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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