Sonu @ Takli vs The State Of Madhya Pradesh
2023 Latest Caselaw 20740 MP

Madhya Pradesh High Court

Sonu @ Takli vs The State Of Madhya Pradesh on 7 December, 2023

Author: Hirdesh

Bench: Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 6441 of 2023 (SONU @ TAKLI Vs THE STATE OF MADHYA PRADESH)

Dated : 07-12-2023 Shri Rohit Pegwar - Advocate for the appellant.

Ms.Seema Sahu - Panel Lawyer for the State.

Considered I.A.No.10529/2023, which is first application for suspension of sentence and grant of bail on behalf of appellant /applicant, namely, Sonu @ Takli.

Vide impugned judgment dated 31.03.2023 passed by Sessions Judge, Chhindwara in S.T.No.114/2021 the appellant/applicant has been convicted for offences under section 392 of the Indian Penal Code and sentenced to undergo R.I. for 05 years and fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submitted that the applicant has been falsely implicated in the crime in question. The trial Court has passed the impugned judgment without properly appreciating the oral and documentary evidence available on record. There are material contradictions and omission in the prosecution witnesses. The appellant is in custody since the date of

judgment. He has served more than half of sentence. He has no criminal antecedents. Final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of applicant during pendency of instant appeal.

Learned Panel Lawyer has opposed the prayer for suspension of sentence. However, submitted that appellant remain in custody for 2 years and six months. The appellant has no criminal antecedents.

Considering the over all facts and circumstances of the case, period of

custody, final disposal of this appeal would take considerable time, and without commenting on merits of the case, this application is allowed.

Accordingly, 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- Sonu @ Takli shall remain suspended till final disposal of this appeal. The applicant 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.

I.A.No.10529/2023 is accordingly disposed of. List the appeal for final hearing in due course. Certified copy as per rules.

(HIRDESH) JUDGE

RM