Madhya Pradesh High Court
Sonu Urf Sohan 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. 12410 of 2023
(SONU URF SOHAN Vs THE STATE OF MADHYA PRADESH)
Dated : 04-12-2023
Shri N.K. Jain - Advocate for appellant.
Smt. Ekta Gupta - Panel Lawyer for respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard on I.A. No.23279/2023 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-Sonu @ Sohan.
The appellant has been convicted vide judgment dated 08/09/2023 passed
by Additional Sessions Judge / Special Judge, (Electricity Act, 2003), Jabalpur
in SC ELE No. 978/2014 and appellant has been convicted for offence
punishable under Sections 392 and 353 of IPC and sentenced to undergo RI
for 3 years and 1 year and to pay fine amount of Rs. 500/- and Rs.200/- 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. Learned counsel
for appellant submits that the weapon alleged to have been used by appellant in
the alleged incident is neither seized from the spot nor recovered from
possession of appellant. 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 opposed the application and
prays for its rejection.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that the weapon alleged to have been used by appellant in the
alleged incident is neither seized from spot nor recovered from the possession
of appellant 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 - Sonu @ Sohan 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 01/02/2024 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
skt
