Sanjay Kol vs The State Of Madhya Pradesh
2023 Latest Caselaw 20939 MP

Madhya Pradesh High Court

Sanjay Kol vs The State Of Madhya Pradesh on 11 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 1594 of 2023
                                                (SANJAY KOL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-12-2023
                                 Shri Y.M.Tripathi - Advocate for appellant.

                                 Ms. Shakti Tripathi - Panel Lawyer for respondent/State.

Heard on I.A.No.2157/2023, which is the first application under Section 389(1) of the Cr.P.C. filed on behalf of appellant for suspension of sentence and grant of bail.

The appellant has been convicted vide judgment dated 17.01.2023 passed b y 7th Additional Sessions Judge, Katni in S.T. No.105/2019 for the offence punishable under Section 376 of IPC and sentenced them to undergo R.I. for 10 years with fine of Rs.2000/- with default stipulation.

It is submitted by the counsel for the appellant that the appellant is in jail. He has been falsely implicated. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.

Learned counsel for the State has opposed the application.

Considering overall facts and circumstances of the case and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.2157/2023 stands allowed and it is directed that the jail sentence of appellant 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. Appellant is directed to appear before the trial Court first on 01.02.2024 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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