Rakesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2892 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       CRA No. 2613 of 2023
                                                 (RAKESH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-02-2023
                                Shri Dinesh Singh Tomar, learned counsel for appellant.

                                Shri Pramod Pachori, learned Public Prosecutor for respondent/State.

Heard on I.A.No.3676/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

This criminal appeal has been filed against the judgment dated 30.01.2023 passed in S.T. No.200141/2016 by First Additional Sessions Judge Ganjbasoda

District Vidisha whereby the appellant has been convicted and sentenced under Section 341 of IPC for one year SI and under Section 323 of IPC for three months RI with fine of Rs.1000/- and under Section 329 of IPC for two years RI with fine of Rs.5000/- with default stipulation.

It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. During trial, appellant remained in jail from 14.12.2011 to 17.12.2011. It is also submitted that learned Trial Court has already suspended jail sentence of the appellant for a period of one month.

Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 2/16/2023 5:15:39 PM

No.3676/2023 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 21st August, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.3676/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary

compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 2/16/2023 5:15:39 PM