Madhya Pradesh High Court
Sonu Namdev vs The State Of Madhya Pradesh on 24 January, 2023
Author: Anjuli Palo
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6658 of 2021
(SONU NAMDEV Vs THE STATE OF MADHYA PRADESH)
Dated : 24-01-2023
Shri B.J. Chourasiya - Advocate for appellant.
Shri K.S. Patel - Panel Lawyer for State.
Record of the Court below has been received.
Heard on question of admission.
The appeal is admitted for final hearing.
Also heard on I.A.No.23757/2022, which is third application under
Section 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf
o f appellant. His earlier two applications were dismissed for want of
prosecution.
The appellant has been convicted for offences under Section 363 of the
Indian Penal Code and sentenced to undergo R.I. 03 years with fine of
Rs.1,000/-, Section 366 of the Indian Penal Code and sentenced to undergo
R.I. 07 years with fine of Rs.2,000/-, Section 506 of the Indian Penal Code and
sentenced to undergo R.I. 03 years with fine of Rs.1,000/- and Section 452 of
the Indian Penal Code and sentenced to undergo R.I. 03 years with fine of
Rs.1,000/- respectively, with default stipulations.
Learned counsel for the appellant submits that appellant is innocent and
has falsely been implicated in the crime in question. The trial Court has not
properly appreciated the oral and documentary evidence available on record. He
Signature Not Verified
further submits that appellant is a first offender and aged about 24 years. The
SAN
Digitally signed by NITESH PANDEY
appellant is in jail from the date of judgment i.e. 30.09.2021. As per impugned
Date: 2023.01.25 17:17:08 IST
judgment dated 30.09.2021, earlier the appellant was in jail from 10.08.2019 to
22.10.2019 (total 02 months 12 days) and the final disposal of this appeal would
take considerable time. Hence, prayer has been made to suspend the jail
sentence of appellant.
Learned Panel Lawyer has opposed the prayer for suspension of
sentence.
Looking to the custody period of the appellant and taking into account
that disposal of this appeal would take considerable time, without commenting
on merits of the case, the 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 a sum of Rs.40,000/- (Rupees
Forty Thousand only) with one surety in the like amount to the satisfaction of
the trial Court concerned, the custodial sentence of appellant shall remain
suspended and he shall be released on bail for securing his presence before the
Registry of this Court on 11.07.2023 and on such other dates as may be fixed
in this regard during pendency of this appeal.
The appellant shall regularly appear before the Registry of this Court, on
each and every date, without fail.
List this matter for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
Nitesh
Signature Not Verified
SAN
Digitally signed by NITESH PANDEY
Date: 2023.01.25 17:17:08 IST
