Nikhil vs The State Of Madhya Pradesh
2023 Latest Caselaw 3468 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    CRA No. 10352 of 2022
                                          (NIKHIL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 27-02-2023
                               Shri D. K. Shukla - Advocate for the appellant.

                               Shri Manoj Kushwaha - Panel Lawyer for the respondent No.1/ State.

None for respondent No.2 despite service of notice.

Heard on I.A.No.3096/2023, an application under Section 389(1) of the Cr.P.C. for suspension of jail sentence and grant of bail to the appellant

pending the appeal. Appellant is in jail since 01.12.2022.

T h e appellant has been convicted for commission of offence under Sections 452, 323/34 (three counts), 427, 294 of IPC and 3(2)(va) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act and has been sentenced to undergo 2 years RI, 6-6 months RI, one month RI, 6-6months RI and has been sentenced to fine of Rs.200/- with default stipulation by the learned Special Judge (Atrocities) Act, Raisen vide judgment dated 20.10.2022 passed in SC ATR No.51/2021 (State of M.P. vs. Parmanand @ Pamdi and others).

Learned counsel for the appellant has submitted that appellant is in jail for

last more than two months. After judgment of conviction and sentence, learned trial Court itself had released him on bail for filing the appeal but he could not obtain the order of suspension of jail sentence well in time therefore, he has surrendered before the trial Court. He has fair chances to succeed in appeal as learned trial Court has erroneously convicted him by not appreciating the evidence of prosecution witnesses in proper perspective. There is no possibility of coming of this appeal for hearing in near future. Therefore, it has been prayed that the jail sentence of appellant may be suspended and he may be Signature Not Verified Signed by: BIJU BABY Signing time:

2/27/2023 6:58:34 PM

released on bail.

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 the fact and there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Consequently, I.A.No.3096/2023 is allowed. The execution of jail sentence of appellant- Nikhil is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his 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 24.07.2023 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 final hearing in due course. Certified copy today.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified Signed by: BIJU BABY Signing time:

2/27/2023 6:58:34 PM