Jitendra @ Jeetu Rawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 156 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 12606 of 2022 (JITENDRA @ JEETU RAWAT Vs THE STATE OF MADHYA PRADESH)

Dated : 03-01-2023 Shri Om Prakash Mathur, learned counsel for appellant.

Shri Nirmal Sharma, learned Public Prosecutor for State.

Heard on I.A.No.20319/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Jitendra alias Jitu Rawat.

This criminal appeal has been filed against the judgment dated 31.10.2022 passed in S.T. No.332/2021 by Sessions Judge Shivpuri District Shivpuri whereby appellant has been convicted and sentenced under Section 435 of IPC for Three years RI with fine of Rs.5000/-, with default stipulation.

It is submitted by counsel for the appellant that the appellant was on bail during trial and did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. The trial Court had already suspended the jail sentence of appellant for a period of one month. Appeal is of the year 2022 which may take long time for it's conclusion. Under these circumstances,

the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.20319/2022 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnish a personal bond in the sum o f Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal

Registrar of this Court on 24 th April, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.20319/2022) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy/e-copy as per rules/directions.

   Digitally signed                              (DEEPAK KUMAR AGARWAL)
   by YOGENDRA
   OJHA                                                   JUDGE
   Date: 2023.01.04
   10:48:18 +05'30'
ojha