Citation : 2023 Latest Caselaw 10137 MP
Judgement Date : 4 July, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 8007 of 2023
(NAVAL KISHORE Vs THE STATE OF MADHYA PRADESH)
Dated : 04-07-2023
Shri Rishabh Agrawal, learned counsel for the appellant.
Shri Pramod Pachauri, learned counsel for the respondent- State.
Heard on admission.
Let record of the trial Court be called for. Also heard on IA.No.11223 of 2023, which is the first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on
behalf of appellant Naval Kishore.
Vid e judgment dated 10th June, 2023 passed by Special Judge (MPDVPK Act), Sabalgarh, District Morena in Special Sessions Trial No. 06 of 2018, the appellant has been convicted under Section 393 of IPC read with Section 11/13 of MPDVPK Act and sentenced to undergo three months RI with fine of Rs. 1,000/- with default stipulation.
It is submitted by learned counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty so granted to him. The fine amount has already been deposited. The trial Court has already suspended the
jail sentence of the appellant for a period of one month. Final disposal of the appeal will take some time. Hence, prayed for suspension of jail sentence and grant of bail.
Learned counsel for the State opposed the application and prayed for its rejection.
Considering the facts and circumstances of the case as well as the fact that since the trial Court has already suspended the jail sentence of the appellant Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/5/2023 10:56:50 AM
for a period of one month, IA is allowed and it is directed that jail sentence of aforesaid 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 concerned Trial Court for 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 the appeal.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
MKB
Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/5/2023 10:56:50 AM
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