Madankumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 21785 MP

Madhya Pradesh High Court

Madankumar vs The State Of Madhya Pradesh on 19 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 12531 of 2022
                                        (MADANKUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 19-12-2023
                                Shri Ashish Tiwari- Advocate for appellants.

                                Shri Ramji Patel - Panel Lawyer for respondent/State.

Heard on I.A. No.24280/2023, this is first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant No.1- Madan Kumar.

T he appellant No.1- Madan Kumar has been convicted vide judgment dated 12/12/2022 passed by Second Additional Sessions Judge, Betul in S.T. No.100098/2016 and appellant No.1 has been convicted for offence punishable under Sections 498(A) and 304(B) of IPC and sentenced to undergo RI for 3 years and 7 years and to pay fine of Rs.1,000/- for each offence respectively with usual default stipulations.

Learned counsel for the appellant No.1 submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant No. 1. for aforesaid offence. It is also

submitted that application for suspension of custodial sentence and grant of bail of appellant No.2 Tulsidas has already been allowed by this Court, vide order dated 25/08/2023 and case of appellant No.1 is similar to appellant No.2. 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 No.1 may turn infructuous. Under these circumstances, learned counsel for appellants prays for suspension of jail sentence and release of the appellant No.1 on bail till the final disposal of the

appeal.

O n the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellant No.1 and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that application for suspension of custodial sentence and grant of bail moved on behalf of appellant No.2-Tulsidas has already been allowed by this Court, vide order dated 25/08/2023 and case of appellant No.1 is similar to him 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 No.1 - Madan Kumar s hall 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.30,000/- (Rs. Thirty Thousand only) with one solvent surety in like amount to the satisfaction of the trial C o urt for securing his presence 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.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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