Narendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 463 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 12312 of 2022
                                             (NARENDRA SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-01-2023
                                 Shri Vikash Parashar, learned counsel for the appellant.

                                 Shri   B.M.     Shrivastava,       learned   Public   Prosecutor   for   the
                          respondent/State.

Heard on I.A.No. 20015/2022, first application u/Sec. 389(1) of Cr.P.C. f o r suspension of sentence and grant of bail filed on behalf of appellant-

Narendra Singh This criminal appeal has been filed against the judgment dated 30/11/2022 passed in ST No. 200201/2015 by Special Judge, Electricity District Bhind whereby appellant has been convicted and sentenced under Section 135 of Electricity Act for one year imprisonment with fine of Rs.1000/- & under Section 304(2) of IPC for 3 years' imprisonment with fine of Rs.9000/-, 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 Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 1/10/2023 6:04:15 PM

parties and the fact that an early hearing of this case is not possible, I.A. No.20015/2022 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 11 th of February, 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.20015/2022) 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.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 1/10/2023 6:04:15 PM