Dev Kumar @ Manish Gurjar vs The State Of Madhya Pradesh
2023 Latest Caselaw 22240 MP

Citation : 2023 Latest Caselaw 22240 MP
Judgement Date : 22 December, 2023

Madhya Pradesh High Court

Dev Kumar @ Manish Gurjar vs The State Of Madhya Pradesh on 22 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12626 of 2023 (DEV KUMAR @ MANISH GURJAR Vs THE STATE OF MADHYA PRADESH)

Dated : 22-12-2023 Shri R.N.Chaturvedi - Advocate for the appellant.

Shri Suryansh Singh - Advocate for the objector. Ms. Shakti Tripathi - Panel Lawyer for the State.

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing.

Also heard on IA No.26450/2023, 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-Dev Kumar @ Manish Gurjar.

Appellant has been convicted and sentenced as mentioned in the impugned judgment dated 23.09.2023 passed in ST No.10/2020 by II ASJ, Sohagpur, District Narmadapuram.

It is submitted by the counsel for the appellant that compromise has arrived at between the parties and application in that regard was also filed. The factum of compromise has been verified by Registrar. Under such

circumstances, sentence of the appellant may be suspended.

Learned counsel for the State has opposed the application. However, counsel for the objector submits that he has no objection if sentence of the appellant is suspended.

Considering overall facts and circumstances of the case and the fact that compromise has taken place between the parties, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, I.A.No.26450/2023 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 27.02.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

Certified copy today.

(ROOPESH CHANDRA VARSHNEY) JUDGE