Lala Alias Om Prakash Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 2176 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 1763 of 2023
                                  (LALA ALIAS OM PRAKASH SAKET AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 07-02-2023
                                 Shri Sanjeev Kumar Singh - Advocate for the appellants.

                                 Shri A. N. Gupta - Govt. Advocate for respondent/ State.

Call for trial Court record.

Heard on I.A.No.2910/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant No.1

pending the appeal.

T he appellants have been convicted for commission of offence under Section 392 and 392/34 of IPC respectively and have been sentenced to undergo R.I. for 3-3 years and fine of Rs.1000/- - Rs.1000/- with default stipulation by the learned 3rd Additional Sessions Judge, Rewa District Rewa vide judgment dated 27.12.2022 passed in S.T. No.91/2017 (State of MP Vs. Lala @ Om Prakash and others).

Learned counsel for the appellant has submitted that appellant No.1 has been released on bail till 9.2.2023 by the trial Court. During trial, he was on bail

and he has not misused the liberty granted to him by way of bail. Learned counsel has further submitted that he has fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the short nature of sentence and contention of learned Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 2/8/2023 1:18:07 PM

counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant No.1 because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.2910/2023 is allowed. The execution of jail sentence of appellant No.1 - Lala @ Om Prakash Saket is hereby suspended subject to depositing the fine amount, (if not already deposited). I t is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 13.6.2023 and also on

such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for hearing on admission, immediately after receipt of trial Court record.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

Jasleen

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 2/8/2023 1:18:07 PM