Deepak vs The State Of Madhya Pradesh
2023 Latest Caselaw 1179 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 10336 of 2022
                                            (DEEPAK Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 19-01-2023
                                  Shri S.D. Gupta - Advocate for the appellant.

                                  Shri Manoj Jha - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Record of the Court below is available.

Also heard on I.A. No.21180/2022, which is first application for suspension of sentence and grant of bail filed on behalf of the appellant.

The appellant has been convicted by the trial Court under Section 366(a) of the IPC and sentenced to R.I. for 5 years with fine of Rs.2,000/-, with default stipulation.

Learned counsel for the appellant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. He has further submitted that the appellant is innocent and has falsely been implicated in this case. The appellant is in jail since the date of judgment

i.e.16.09.2022 and he was in jail during trial also. Maximum sentence awarded to the appellant is 5 years. Disposal of this appeal would take considerable time, hence, jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application. Looking to the nature of offence and sentence awarded against the appellant and also considering the facts and circumstances of the case, I find it to be a fit case to suspend the custodial sentence of the appellant, hence, Signature Not Verified Signed by: PRACHI PANDEY Signing time: 1/20/2023 5:06:32 PM

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

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon the appellant shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant shall appear before the Registry of this Court on 06.07.2023 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal, without fail.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Prachi

Signature Not Verified Signed by: PRACHI PANDEY Signing time: 1/20/2023 5:06:32 PM