Shankardeen Yadav @ Pappu vs The State Of Madhya Pradesh
2023 Latest Caselaw 21991 MP

Madhya Pradesh High Court

Shankardeen Yadav @ Pappu vs The State Of Madhya Pradesh on 20 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 15612 of 2023
                                        (SHANKARDEEN YADAV @ PAPPU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-12-2023
                                 Shri Jitendra Tiwari - Advocate for appellant.

                                 Shri D.K.Shrivastava - Government Advocate for respondent/State.

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing. Let the record of the trial Court be requisitioned.

Also heard on IA No.29550/2023, 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.

Appellant has been convicted under Section 323 IPC (2 counts) and sentenced for 1-1 month RI & fine Rs.1000/- - Rs.1000/- with default stipulation vide impugned judgment dated 06.12.2023 passed in ST No.60/2017 by Second ASJ, District Nagaud District Satna.

I t is submitted by the counsel for the appellant that sentence of the appellant has already been suspended by the trial Court till 28.12.2023. It is

further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.29550/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 15.02.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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