Sanjay Kumar Panika vs The State Of Madhya Pradesh
2023 Latest Caselaw 395 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       CRA No. 22 of 2023
                                         (SANJAY KUMAR PANIKA Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-01-2023
                               Shri J. L. Soni - Advocate for the appellant.

                               Ms. Nalini Gurung - Panel Lawyer for the respondent/State.

Call for the trial Court record.

Heard on I.A. No.23/2023, 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 436 of IPC and has been sentenced to undergo R.I. for 3 years with fine of Rs.2000/- with default stipulation vide judgment dated 19.12.2022 delivered by learned Special Judge, Singrauli (M.P.) in S.T. No.103/2018 (State of M.P. Vs. Sanjay Kumar Panika).

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 suspended the jail sentence of the appellant till 19.01.2023. Therefore, if the 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 Signature Not Verified Signed by: BIJU BABY Signing time: 1/7/2023 12:42:35 PM

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.23/2023 is allowed. The execution of jail sentence of appellant- Sanjay Kumar Panika 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 11.05.2023 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

b

Signature Not Verified Signed by: BIJU BABY Signing time: 1/7/2023 12:42:35 PM