Umrao Sindram vs The State Of Madhya Pradesh
2023 Latest Caselaw 21054 MP

Madhya Pradesh High Court

Umrao Sindram vs The State Of Madhya Pradesh on 12 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 7740 of 2021
                                              (UMRAO SINDRAM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-12-2023
                                 Shri Sandesh Dixit - Advocate for appellant.

                                 Shri K.S. Patel - Panel Lawyer for the respondent/State.

Heard on I.A.No.17504/2023, which is the second application under Section 389(1) of the Cr.P.C. filed on behalf of appellant for suspension of sentence and grant of bail.

The first application for suspension of sentence and grant of bail filed on behalf of appellant was dismissed on merit vide order dated 06/02/2023.

T he appellant has been convicted and sentenced as mentioned in the impugned judgment dated 24/11/2021 passed by I Additional Judge to the Court of I Additional Sessions Judge, Mandla, District Mandla in S.T. No.175/2016.

Learned counsel for the appellant submitted that the trial Court has wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution

witnesses. Though, earlier application for suspension of sentence and grant of bail was dismissed on merit, but the appellant is in custody since the date of judgment i.e. 24/11/2021, thus he has already suffered the jail sentence of more than two years, hence he prayed for suspension of jail sentence and release the appellant on bail as final hearing of this appeal will take time.

On the other hand, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned

counsel for the appellant and the fact that the appellant is in custody since the date of judgment i.e. 24/11/2021 and according to listing policy the hearing of this appeal will take time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during pendency of this appeal and he be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 24/01/2024 and on such further dates as may be fixed by trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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