Monty Sonkar @ Monu vs The State Of Madhya Pradesh
2023 Latest Caselaw 20947 MP

Madhya Pradesh High Court

Monty Sonkar @ Monu vs The State Of Madhya Pradesh on 11 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 10129 of 2023
                                           (MONTY SONKAR @ MONU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-12-2023
                                  Shri G.S. Dikhit - Advocate for appellant.

                                  Shri T.R. Kurmi - Panel Lawyer for the respondent/ State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Heard on I.A. No. 19113 of 2023, which is first application under

Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to the appellant.

T h e appellant has been convicted for the offences punishable under Sections 399 of IPC and sentenced to undergo R.I. for five years with fine of Rs. 500/-, under Section 400 of IPC and sentenced to undergo R.I. for five years with fine of Rs. 500/- and under Section 402 of IPC and sentenced to undergo R.I. for three years with fine of Rs. 500/- with default stipulation.

Learned counsel for appellant submitted that conviction and sentence in judgment under appeal is bad both in law and facts. Prosecution has examined

independent witnesses, but they did not support the prosecution story in any manner. This fact itself weaken the prosecution case and no material evidence on record against the aforesaid offence. During trial appellant was on bail and he did not misuse the liberty granted to him. Final hearing of this appeal would take sufficient long time. 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 facts and circumstances of the case and 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, I am of the opinion that the jail sentence of appellants deserves to be suspended.

Accordingly, IA No. 19113/2023 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.1,00,000/-(Rupees One Lac 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 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

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