Bhaskar Lodhi @ Shani vs The State Of Madhya Pradesh
2023 Latest Caselaw 1188 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 1088 of 2023
                                         (BHASKAR LODHI @ SHANI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 19-01-2023
                                Shri Rahul Sharma - Advocate for the appellant.

                                Shri Nishant Yadav - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Record of the trial court be requisitioned.

Also heard on I.A No. 1379/2023 which is an application under Section 389 (1) of Cr.P.C for suspension of sentence moved on behalf of appellant.

The appellant has been convicted for offence punishable under Section 148 of IPC and sentenced to undergo R.I. for 06 months and fine of Rs.500/- with default stipulations vide judgment dated 28.12.2022 passed in S.T. No. 159/2011 by learned 1st Addl. Sessions Judge, Narsinghpur (M.P.).

Learned counsel for the appellant submitted that the appellant is innocent and has been falsely implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in

the version of the prosecution witnesses. The jail sentence of the appellant has already been suspended by the Trial Court till 27.01.2023 and during bail he has not misused the liberty granted to him. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence be allowed.

Learned Panel Lawyer for the respondent/State on the other hand has opposed the application and prays for its rejection.

In due consideration of the submissions made on behalf of the appellant, Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/20/2023 11:05:38 AM

o n perusal of the record and looking to the fact that the jail sentence of the appellant is already suspended, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A. No. 1379/2023 filed on behalf of appellant is allowed and it is directed that subject to deposit of fine amount (if already not deposited) and on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the

final disposal of this appeal.

The appellant shall mark his presence before the concerned trial Court on 15.03.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

List in due course for final hearing.

Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/20/2023 11:05:38 AM