Ramprasad vs The State Of Madhya Pradesh
2023 Latest Caselaw 21281 MP

Madhya Pradesh High Court

Ramprasad vs The State Of Madhya Pradesh on 13 December, 2023

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 15365 of 2023
                                               (RAMPRASAD Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-12-2023
                                 Shri Akhilesh Kumar Saxena, learned counsel for the appellant.

                                 Shri Rajesh Joshi appearing on behalf of Advocate General.


                                 Heard on the question of admission.
                                 Admit.
                                 1.

Also heard on I.A. No.18580/2023, which is an application filed under

Section 389(1) of the Criminal Procedure Code, 1973 for suspension of sentence on behalf of appellant.

2. The appellant has been convicted under Sections 436 of I.P.C. and sentenced to undergo 03 years with fine & default stipulations.

3. Learned counsel for the appellant submitted that the learned trial Court has not suspended the sentence of the appellant because earlier he was absconded and was in jail at the time of judgment, there is only short sentence of three years and contradictions and omissions in the statements of the witnesses. He further submitted that final hearing of this appeal is likely to take

sufficient long time. Under these circumstances, looking to the short sentence, learned counsel prays that the application for suspension of sentence of the appellant be allowed.

4. Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.

5. Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant, without

commenting on the merits of the case, the application is allowed and it is directed that subject to depositing the fine amount, if already not deposited, the appellant shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 24.01.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

6. IA No.18580/2023 stands allowed and disposed of.

7. List the matter for final hearing in due course. Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE

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