Umesh Pal vs The State Of Madhya Pradesh
2023 Latest Caselaw 3268 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                         CRA No. 2846 of 2023
                                            (UMESH PAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                            Dated : 22-02-2023
                                   Shri Aniket Bhadoriya - Advocate for the appellant.

                                   Shri B.M. Shrivastava - Public Prosecutor for the respondents/ State.

Heard on I.A.No.3724/2023, first application u/Sec. 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Umesh Pal.

This criminal appeal has been filed against the judgment dated 08.02.2023

passed in ST No. 05/2018 by Special Judge (SC/ST Act), District Guna whereby the appellant has been convicted and sentenced under Section 354, 3(2)(va) of the I.P.C. for one year RI with fine of Rs.2,000/- with default stipulation.

Learned counsel for the appellant submitted that the appellant has wrongly been convicted by the Court below. It is further submitted by learned counsel for the appellant that the appellant was on bail during trial and the fine amount has been deposited by the appellant in the learned trial Court. He has a good case on merits and final hearing of the appeal will take time. Under these

circumstances, the execution of sentence be suspended and the appellant be released on bail.

Learned counsel for the State opposed the application and prayed for its rejection.

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 Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 2/23/2023 10:35:19 AM

the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 17th July, 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.

I.A.No.3724/2023, 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

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 2/23/2023 10:35:19 AM