Harishankar vs The State Of Madhya Pradesh
2023 Latest Caselaw 20666 MP

Madhya Pradesh High Court

Harishankar vs The State Of Madhya Pradesh on 6 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 7838 of 2023
                                             (HARISHANKAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-12-2023
                                Shri Aseem K. Dixit - Advocate for the appellants.

                                Shri Teekaram Kurmi - Panel Lawyer for the respondent/State.

The appeal is admitted for final hearing.

Heard on I.A. No. 14294 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant

Harishankar arising out of judgment dated 13.06.2023 passed by IInd Additional Session Judge, Rahli, District-Sagar in Sessions Trial No.15/2017.

The appellant has been convicted for the offence punishable under Section 308 of the IPC and sentenced to undergo R.I. for 4 years with fine of Rs.5,00/- along with default stipulation.

Counsel for the appellant submitted that the prosecution has failed to prove the case under Section 308 of IPC. The appellant has not committed any offence and not involved in any manner. Appellant is innocent and has been falsely implicated in the aforesaid offence. There are material contradictions,

omission and improvements in the statements of witnesses. He was on bail during trial and did not misuse the liberty granted to him. Final hearing of this appeal would take sufficient long time in near future. 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 evidence of Dr. Lalit (PW-14) 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 and without commenting on merits of the case, I am of the opinion that the jail sentence of appellant deserves to be suspended. Accordingly, IA No. 14294/2023 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.50,000/-(Rupees Fifty 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 - Harishankar after being enlarged on bail shall mark his presence before the concerned trial Court on 22.12.2023 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

RC