Kamlesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 21108 MP

Madhya Pradesh High Court

Kamlesh vs The State Of Madhya Pradesh on 12 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 12257 of 2022
                                                 (KAMLESH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-12-2023
                                  Shri Ashish Kumar Kurmi - Advocate for appellant.

                                  Shri Dinesh Prasad Patel - Dy. G.A. for respondent/State.

Heard on admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on I.A.No.6388/2023, 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.

T he appellant has been convicted and sentenced as mentioned in the impugned judgment dated 29/11/2022 passed by III Additional Judge to the Court of I Additional Sessions Judge, Sagar, District Sagar in S.T. No.111/2021.

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. The appellant is in custody since 23/07/2020, 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 23/07/2020 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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