Sumit vs The State Of Madhya Pradesh
2023 Latest Caselaw 21419 MP

Madhya Pradesh High Court

Sumit vs The State Of Madhya Pradesh on 14 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 11493 of 2023
                                                   (SUMIT Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-12-2023
                                 Shri P.K. Dubey- Advocate for appellant.

                                 Shri Manoj Kushwaha- Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.25448/2023, this is the first application for

suspension of sentence and grant of bail filed under Section 397 of Cr.P.C. on behalf of appellant - Sumit.

T h e appellant has been convicted vide judgment dated 23/08/2023 passed by First Additional Sessions Judge, Panna in S.T. No. 03/2021 and appellant has been found guilty for commission of offence punishable under Section 326/34 of IPC and sentenced to undergo RI for 4 years and to pay fine of Rs. 3,000/- with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed

grave error in convicting the appellant for aforesaid offence. Learned counsel for appellant submits that there is no allegation against the appellant with regard to infliction of any injury to complainant/injured. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer has opposed the contention rais ed by learned counsel for appellant and prays for rejection of said application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that no overt act has been attributed to the appellant in the alleged offence and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant-Sumit shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire fine amount, if already not deposited and upon

his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 05/02/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt