Naresh Yadav @ Chhotu vs The State Of Madhya Pradesh
2023 Latest Caselaw 3549 MP

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                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                    CRA No. 12151 of 2022
                                                     (NARESH YADAV @ CHHOTU Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 28-02-2023
                                          Mr. Ghanshyam Sharma - Advocate for the appellant.

                                          Mr. Manish Mukhariya - Panel Lawyer for the respondent-State.

Heard on the question of admission.

The appeal is admitted for hearing.

Also heard on I.A. No.24309 of 2022, which is first application filed by the

appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial Court for offence punishable under Section 392/34 of the Indian Penal Code and sentenced to undergo RI for 4 years (fine Rs.1,000/-) with default stipulation.

Learned counsel for the appellant submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. It is contended that the appellant has no other criminal past. It is contended that the appellant has been sentenced to undergo maximum RI for four years. He is in custody for more than one year. The appellant is not a habitual offender. The final disposal of this appeal would take considerable time, therefore, the jail sentence

of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer for the State has opposed the application for suspension of sentence and grant of bail.

Heard learned counsel for the parties and perused the record. The appellant was aged about 25 years at the time of commission of offence. He is not a habitual offender. Looking to the nature of offence and other evidence and the fact that disposal Signature Not Verified SAN of the appeal would take considerable time, without commenting on merits of the case, Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.03.01 16:01:14 IST I deem it appropriate to suspend the jail sentence of the appellant and to release him

on bail. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that execution of remaining jail sentence of the appellant - Naresh Yadav @ Chhotu shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the Registry of this Court on 04.08.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

It is made clear that if the appellant is found involved in similar offences in future, this order of suspension shall stand ineffective immediately.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.03.01 16:01:14 IST