Ankit Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 22251 MP

Madhya Pradesh High Court

Ankit Kushwaha vs The State Of Madhya Pradesh on 22 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 6133 of 2023
                                  (ANKIT KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 22-12-2023
                                  Shri L.N.Sakle - Advocate for appellants.

                                  Ms. Shanti Tiwari - Panel Lawyer for respondent/State.

Heard on I.A.No.27159/2023, which is the first application under Section 389(1) of the Cr.P.C. filed on behalf of appellant No.1 - Ankit Kushwaha for suspension of sentence and grant of bail.

T he appellant has been convicted and sentenced as mentioned in the impugned judgment dated 25.04.2023 passed by First Additional Sessions Judge, District Chhatarpur in SPL Case No.01/2021.

Learned counsel for the appellants submitted that the trial Court has wrongly convicted the appellant No.1 for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses. Appellant No.1 is in custody since 18.12.2020, hence he prayed for suspension of jail sentence and release the appellant No.1 on bail as final hearing of this appeal will take time.

On the other hand, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that during trial appellant No.1 is in custody since 18.12.2020 and according to listing policy the hearing of this appeal will take time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant No.1- Ankit Kushwaha shall remain suspended during pendency of this appeal and he be

released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 15/02/2024 and on such further dates as may be fixed by trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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