Devilal vs The State Of Madhya Pradesh
2023 Latest Caselaw 3557 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 2995 of 2023
                                                (DEVILAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-02-2023
                                 Shri Vishal Patidar, learned counsel for appellant Devilal S/o Bhairaji

                           Prajapat.
                                 Shri Raghvendra Singh Bais, learned Government Advocate appearing
                           on behalf of Advocate General.

                                 Let the record of the Court (s) below be requisitioned.

                                 Also heard on IA No.2916/2023, which is an application under Section
                           389 of the Code of Criminal Procedure, 1973.
                                 The appellant has been convicted for commission of offence punishable
                           under Section 420 of Indian Penal Code, 1860 and sentenced to undergo three
                           years rigorous imprisonment and with fine of Rs.5,000/- along with default
                           stipulation by learned Additional Sessions Judge, Nagda, District Ujjain (MP) in
                           Sessions Trial No.400164/2012 vide judgment dated 24.12.2022.
                                 Learned counsel for the appellant submits that the appellant was on bail
                           during the trial and did not misuse the liberty; and after conviction, the jail

                           sentence of the appellant has also been suspended. The final hearing of the
                           appeal may take a long time.      With these submissions, suspension of jail
                           sentence has been sought.
                                 Per contra, learned counsel appearing for the respondent / State has

opposed the prayer for suspension and grant of bail to the appellant.

Considering the aforesaid submissions, the application deserves to be allowed.

Accordingly IA No.2916/2023 is hereby allowed. It is directed that Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 01-03-2023 10:45:38

substantive jail sentence of appellant â€" Devilal S/o Bhairaji Prajapat shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 16.08.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf.

List the matter for admission after receipt of the record. Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 01-03-2023 10:45:38