Rameshwar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 897 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 431 of 2023
                                           (RAMESHWAR SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-01-2023
                                Shri R. S. Rathore - Advocate for the appellant.

                                Shri A. N. Gupta - Govt. Advocate for the respondent/State.

Shri Akshad Shukla - Advocate for the objector.

Trial Court record has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Also heard on I.A.No.394/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

T h e appellant has been convicted for commission of offence under Section 467 read with Section 120-B of IPC and has been sentenced to undergo R.I. for 3 years and fine of Rs.5000/- and Section 468 read with Section 120-B of IPC and has been sentenced to undergo R.I. for 3 years and

fine of Rs. 5,000/- with default stipulation by the learned 1st Additional Sessions Judge, Anuppur vide judgment dated 29.11.2022 passed in Session Trial No.75/2010 (State of MP Vs. Rukmesh Soni and others).

Learned counsel for the appellant has submitted that appellant has been released on bail till 25.1.2023 by the trial Court. During trial, he was on bail and he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/17/2023 12:43:45 PM

jail sentence is not suspended, the purpose of filing this appeal would become futile.

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

Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.394/2023 is allowed. The execution of jail sentence of appellant-Rameshwar Singh 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 12.05.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course along with connected appeals.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/17/2023 12:43:45 PM