Nitin @ Umesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 20388 MP

Madhya Pradesh High Court

Nitin @ Umesh 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. 11108 of 2023
                                         (NITIN @ UMESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 04-12-2023
                                 Shri Ahadulla Usmani - Advocate for appellants.

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

Heard on I.A. No.20851/2023 this is first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellants.

T h e appellants have been convicted vide judgment dated 01.08.2023 passed by Vth Additional Sessions Judge, Chhindwara in S.T. No. 86/2022 and appellants have 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/- for each offence respectively with usual default stipulations.

Learned counsel for the appellants submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellants for aforesaid offence. The appellants

are 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 appellants may turn infructuous. Under these circumstances, learned counsel for appellants prays for suspension of jail sentence and release of the appellants 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 appellants and prays for rejection of said

application.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that appellants are 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 appellants shall remain suspended during the pendency of this appeal subject to depositing entire fine amount, if already not deposited and upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one solvent surety in like amount to the satisfaction of the trial Court for securing they 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 for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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