Girraj Kirar vs The State Of Madhya Pradesh
2023 Latest Caselaw 777 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 468 of 2020 (GIRRAJ KIRAR Vs THE STATE OF MADHYA PRADESH)

Dated : 12-01-2023 Shri Mukesh Sharma, learned counsel for the appellant.

Shri Pramod Pachori, learned Public Prosecutor for the State. Learned counsel for the appellant prays for withdrawal of I.A.No.405/20. Prayer allowed.

I.A.No.405/20 is dismissed as withdrawn. Heard on I.A.No.671/2023, application u/Sec. 389(1) of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant.

This criminal appeal has been filed against the judgment dated 16.12.2019 passed in ST No. 400173/2013 by Second Additional Sessions Judge Shivpuri District Shivpuri (M.P.) whereby appellant has been convicted and sentenced to under go under Section 419 of IPC for 1 years imprisonment, under Section 465 of IPC for 1 years imprisonment, under Section 468 of IPC for 3 years imprisonment with fine of Rs. 2500/- and under Section 420 of IPC for 3 years imprisonment with fine of Rs. 2500/- with default stipulation.

It is submitted by counsel for the appellant that the appellant was on bail

during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. Appeal is of the year 2020 which may take long time for its conclusion. During trial, appellant remained in custody and thereafter, now from 10.11.2022 he is in custody. 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.671/2023 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five 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 28 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.671/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

YOGENDRA OJHA 2023.01.13 12:40:52

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