Heeralal Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 20885 MP

Madhya Pradesh High Court

Heeralal Sahu vs The State Of Madhya Pradesh on 11 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 4824 of 2023 (HEERALAL SAHU Vs THE STATE OF MADHYA PRADESH)

Dated : 11-12-2023 Shri Anil Kumar Dwivedi - Advocate for the applicant.

Ms. Shanti Tiwari - Panel Lawyer for the State.

Also heard on IA No.24587/2023, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of applicant - Heeralal Sahu.

Applicant has been convicted and sentenced as mentioned in the impugned judgment dated 05.09.2023 passed in CrA No.09/2021 by ASJ, Jaisinghnagar, Distt. Shahdol arising out of judgment dated 11.10.2021 passed in Criminal Case No.662/2014 by CJM First Class Jaisinghnagar, District Shahdol.

I t is submitted by the counsel for the applicant that the applicant has good case on merits and hope to succeed in the revision. He is in jail since 05.09.2023. It is further submitted that revision is of the year 2023 and there is no likelihood of revision being taken up for final hearing. Under such

circumstances, sentence of the applicant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that revision is of the year 2023 and there is no likelihood of early hearing of the revision in near future, however, without touching merits of the matter, applicant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.24587/2023 stands allowed and it is directed that the jail sentence of applicant shall remained suspended and he be released on

bail upon his furnishing a 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 the trial Court subject to verification of factum regarding deposit of fine amount. Applicant is directed to appear before the trial Court first on 24.01.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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