Santosh Prajapat vs The State Of Madhya Pradesh
2023 Latest Caselaw 21680 MP

Madhya Pradesh High Court

Santosh Prajapat vs The State Of Madhya Pradesh on 18 December, 2023

Author: Anil Verma

Bench: Anil Verma

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                      CRA No. 15523 of 2023
                                            (SANTOSH PRAJAPAT Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-12-2023
                                 Shri Mehul Shukla - Advocate for the appellant.

                                 Shri Santosh Thakur - GA for respondent/State.

Heard on IA No.18812 of 2023, which is an application under Section 389(1) of Cr.P.C. on behalf of the appellant-Santosh Prajapat for grant of bail and suspension of remaining jail sentence.

Vide judgment dated 29.11.2023 appellant has been convicted by the first

appellate court for the offence under Section 427, 457 & 323 of IPC and sentenced to 6 months R.I. with fine of Rs.1,000/-, 2 years R.I. with fine of Rs.1,000/- and 3 months R.I. with fine of Rs.500/-, respectively, with usual default stipulation.

Learned counsel for the appellant submits that the appellant was acquitted by the trial Court, but later on he has been convicted by the first appellate court. Appellant was remained on bail during trial and he did not misuse the liberty given to him. There is a strong case in favour of the appellant. Final conclusion of appeal will take a long sufficient time. Hence he prays for grant of bail and

suspension of remaining jail sentence of the appellant till the final disposal of this appeal.

Per contra, learned GA for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, submissions made by learned counsel for both the parties, nature and gravity of the allegation against the appellant and also taking note of the fact that appellant was remained

on bail during the trial and he did not misuse the liberty given to him and that final conclusion of this appeal will take a long sufficient time, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.18812 of 2023 is allowed and the execution of remaining jail sentence of the appellant-Santosh Prajapat is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 22.3.2024 and on such other dates,

as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Let the record of the court below be requisitioned and the appeal be listed immediately after receipt of record.

C.C. as per rules.

(ANIL VERMA) JUDGE

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