Prem Kumar Pawar vs The State Of Madhya Pradesh
2023 Latest Caselaw 21420 MP

Madhya Pradesh High Court

Prem Kumar Pawar 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. 9988 of 2023
                                            (PREM KUMAR PAWAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-12-2023
                                  Shri Satyam Agrawal- Advocate for appellant.

                                  Smt. Shanti Tiwari - Panel Lawyer for respondent/State.

Hear d o n I.A. No.18800/2023, t h i s is the first application for suspension of sentence and grant of bail filed under Section 397 of Cr.P.C. on behalf of appellant - Prem Kumar Pawar.

T h e appellant has been convicted vide judgment dated 08/07/2023 passed by Seventh Additional Sessions Judge, Katni in S.T. No. 67/2018 and appellant has been found guilty for commission of offence punishable under Sections 420 (on 9 counts) and 120 of IPC and sentenced to undergo RI for 7 years and to pay fine of Rs. Rs.9,000/- and Rs.1,000/- for each offence respectively 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 the appellant is ready to deposit Rs.1,60,000/-under protest before the trial Court and there is no evidence available on record to connect the appellant with the alleged offence. 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 the appellant is ready to deposit Rs.1,60,000/-under protest before the trial Court and there is no evidence available on record to connect the appellant with the alleged offence, 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-Prem Kumar Pawar shall remain suspended during

the pendency of this appeal and he be released on bail subject to depositing Rs.1,60,000/-cash under protest before the trial Court and 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