Ashok @ Gabbar vs The State Of Madhya Pradesh
2023 Latest Caselaw 157 MP

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                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                               CRA No. 12049 of 2022
                                                     (ASHOK @ GABBAR Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 03-01-2023
                                         Shri S.K. Kushwaha - Advocate for the appellant.

                                         Shri Pradeep Dwivedi - Panel Lawyer for the respondent/State.

Call for the trial Court record.

Heard on I.A. No.24168/2022, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the

appeal.

Appellant has been convicted for commission of offence under Section 323 (on two counts) of IPC and has been sentenced to undergo R.I. for 6 months with fine of Rs.1,000/- on each count, with default stipulation vide judgment dated 05.12.2022 delivered by Ist Additional Sessions Judge, Lakhnadon, District Seoni in S.T. No.100101/2015 (State of M.P. Vs. Prakash & others).

Learned counsel for the appellant has submitted that appellant has not committed any offence. He has been wrongly convicted by the trial Court.

Learned counsel for the appellant has submitted that in the course of trial appellant was on bail. He has not misused the liberty granted by way of bail during trial. The appellant has fair chance to succeed in the appeal. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. It is further submitted that after conviction and passing of jail sentence, learned trial Court itself has Signature Not Verified SAN

suspended the jail sentence of the appellant till 04.01.2023. Therefore, if the Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.01.04 13:07:21 IST execution of jail sentence of appellant is not suspended, the purpose of filing

this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellant be suspended and he be released on bail.

On the other hand, learned Panel Lawyer for the respondent/State has opposed the grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.24168/2022 is allowed. The execution of jail sentence of appellant- Ashok @ Gabbar is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the

appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 22.05.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for arguments on admission after receipt of record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.01.04 13:07:21 IST