Krashngopal Chaurasiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 481 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11695 of 2022 (KRASHNGOPAL CHAURASIYA Vs THE STATE OF MADHYA PRADESH)

Dated : 09-01-2023 Shri Manish Tiwari - Advocate - for appellant

Shri Alok Agnihotri - Dy.G.A.- for State

Record of the trial court has been received. Heard on the question of admission.

Considering the submission made by the learned counsel for he appellant,

it appears that appeal involves arguable points, therefore it is admitted for final hearing.

Also heard on IA No. No. 23862/2022 which is an application on behalf of the appellant under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail.

Appellant has been convicted under Section 420/120B of the Indian Penal Code and sentenced to undergo RI for two years with fine of Rs. 10,000/- with default stipulations.

Counsel for the appellant submits that the appellant has been granted bail

b y the trial court till 17th January 2023 and as such bail application may be considered and he may be released on bail. He further submits that the judgment of the trial court is based on surmises and conjectures and the case of the prosecution is infact without any foundation and the allegation which is made against the present appellant has not been proved during the trial and as such the said judgment is liable to be set-aside. He submits that final hearing of the appeal would take long time and hence remaining jail sentence of appellant may be suspended and he may be released on bail. Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 1/10/2023 6:23:32 PM

Counsel for State has opposed the bail application and submitted that the findings recorded by the trial court are reasoned one and based upon the material produced by the prosecution and the witnesses of the prosecution.

Considering the submission made by the learned counsel for the parties, record of the trial court and also the judgment passed by the trial court, I am inclined to consider and allow the application. Accordingly, IA No. 23862/2022 is allowed.

I t is directed that remaining jail sentence of appellant shall remain suspended and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac) with a surety bond of like

amount to the satisfaction of the CJM, Gwalior concerned for his appearance before the Registry of this Court o n 17.04.2023 and on such other dates as may be fixed by that Court in this regard.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

S /-

Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 1/10/2023 6:23:32 PM