Shashi Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 10035 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 7065 of 2023
                                             (SHASHI JATAV Vs THE STATE OF MADHYA PRADESH)

                         Dated : 03-07-2023
                                Shri Nitin Goyal- learned counsel for the appellant.

                                Shri Pramod Pachauri, learned counsel for the respondent- State.

Heard on IA No. 12077 of 2023 as well as IA No. 9727 of 2023 , an application for exemption of the applicant from surrendering himself and first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

Vide judgment dated 29th of April, 2023 passed by Special Judge (MPDVPK Act), Shivpuri in SC DOCT No.15 of 2019 the appellant has been convicted under Section 394 read with Section 11/13 of MPDVPK Act and sentenced to undergo three years RI with fine of Rs.2,000/- with default stipulation.

I t is submitted by Shri Goyal that learned trial Court had already suspended jail sentence of appellant till 29-05-2023 and present appeal was filed on 25-05-2023 for consideration of suspension application and admission but due to summer vacation, appeal could not be heard and the period given by the

trial Court became over and, therefore, prayed for exemption of appellant from surrendering himself on the ground of illness. In support of application an affidavit along with fitness certificate has been filed. Final hearing of the appeal will take time and he has a good case on merits. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the applications and prayed for rejection.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/4/2023 10:55:41 AM

Since The prayer made on behalf of the appellant appears to be reasonable, therefore, IA 12077 of 2023 is allowed and appellant is exempted from surrendering himself. As a consequence thereof, IA No. 9727 of 2023 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of Trial Court for his appearance before the Principal Registrar of this Court on 21st December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of appeal.

Both the IA stand closed.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/4/2023 10:55:41 AM