Minal Das vs The State Of Madhya Pradesh
2023 Latest Caselaw 20392 MP

Madhya Pradesh High Court

Minal Das 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. 6373 of 2023
                                          (MINAL DAS AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 04-12-2023
                                 Shri Saurabh Shrivastava - Advocate for appellants.

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

Heard on I.A.No.25756/2023, which is the first application under Section 389 of the Cr.P.C. filed on behalf of appellant No.2 for suspension of sentence and grant of bail.

The appellant has been convicted vide judgment dated 10.04.2023 passed by Sessions Judge, Betul, District Betul in S.T. No.100146/2014 for the offence punishable under Section 420 (15 counts) of IPC and sentenced him to undergo R.I. for 7-7 years with fine of Rs.11,92,000/-, with default stipulation.

Learned counsel for the appellant submitted that the trial Court has wrongly convicted the appellant No.2 for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses. During trial appellant No.2 was on bail and he never misused the liberty granted to him. The appellant No.2 is in custody since the

date of judgment, hence he prayed for suspension of jail sentence and release the appellant No.2 on bail as final hearing of this appeal will take time.

On the other hand, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that the appellant No.2 is in custody since from the date of judgment and according to listing policy the hearing of this appeal will take time, application is allowed and it is directed that the execution

of the remaining jail sentence passed against appellant No.2- Sadhan Das shall remain suspended during pendency of this appeal and he be released on bail subject to depositing entire fine amount and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 24/01/2024 and on such further dates as may be fixed by trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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