Shivram Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 21443 MP

Madhya Pradesh High Court

Shivram Kushwaha vs The State Of Madhya Pradesh on 14 December, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 1626 of 2023
                                      (SHIVRAM KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-12-2023
                                 Shri Anoop Kumar Saxena - Advocate for the appellants.

                                 Shri Raghuvar Prajapati - Panel Lawyer for the State.

                                 Reserved on       : 11.12.2023
                                 Pronounced on : 14.12.2023

                                 Arguments of both the counsel for the parties are heard at length.

                           Judgment and record of the Court below perused.
                                                                   ORDER

Heard on I.A No.28533/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant no.3 Satyendra Gupta.

Appellant no.3 has been convicted for an offence punishable under Section 489-C of IPC and sentenced to undergo R.I. for 3 years, with a fine of Rs.2,500/-, with default stipulation.

Learned counsel for the appellants submits that appellant no.3 is innocent

and has falsely been implicated in the case. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed an error in convicting appellant no.3 for the aforesaid offence. Appellant no.3 is in custody and the appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State has opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the record. Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to appellant no.3 under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees

Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant no.3 shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 30.01.2024 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE ps