Dema Alias Hema vs The State Of Madhya Pradesh
2023 Latest Caselaw 21998 MP

Madhya Pradesh High Court

Dema Alias Hema vs The State Of Madhya Pradesh on 20 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1157 of 2023 (DEMA ALIAS HEMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 20-12-2023 Shri Arvind Shrivastava - Advocate for the appellant.

Ms. Shanti Tiwari - Panel Lawyer for the State.

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing. Also heard on IA No.1478/2023, 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.1-Dema @ Hema.

Appellant has been convicted under Section 307 r/w Section 34 IPC and sentenced to undergo RI for 5 years & fine Rs.5000/- with default stipulation vide impugned judgment dated 02.12.2022 passed in S.T. No.07/2018 by Sessions Judge, District Burhanpur M.P. It is submitted by the counsel for the appellant that the appellant has been falsely implicated in the case. He has a good case on merits and hope to succeed in the appeal. He is in jail for about 14 months. 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.1478/2023 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 24.01.2024 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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