Madhya Pradesh High Court
Amit Konder vs The State Of Madhya Pradesh on 6 July, 2023
Author: Anuradha Shukla
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8882 of 2022
(AMIT KONDER Vs THE STATE OF MADHYA PRADESH)
Dated : 06-07-2023
Shri Ranjan Banerjee - Advocate for appellant.
Shri Vinod Tiwari - Panel Lawyer for the State.
Heard on admission.
The appeal is admitted for final hearing.
Also heard on I.A No.2333/2023, which is first application under Section
389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf
of the appellant.
T h e appellant has been convicted for an offence punishable under
Section 376(2)(i) of IPC and sentenced to undergo R.I. for 10 years with fine of
Rs.5,000/- with default stipulation.
Learned counsel for the appellant submits that the appellant is innocent
and has falsely been implicated in the matter. He also submits that the trial Court
has not properly appreciated the oral and documentary evidence available on
record and committed error in convicting the appellant for aforesaid offence;
that he is in judicial custody. He further submits that the appellant is permanent
resident of the district and there is no likelihood of hearing of appeal in near
future; he is ready to furnish adequate surety and shall abide by the directions
and conditions, which may be imposed by this Court. Hence, it is prayed that
the application for suspension of sentence may be considered.
On the other hand, learned counsel for the State opposes the application
and prays for its rejection.
Heard learned counsel for the parties, perused the judgment and the
Signature Not Verified
Signed by: NITESH PANDEY
Signing time: 7/7/2023
11:46:27 AM
record of the court below.
Considering the arguments advanced by learned counsel for both the
parties and after perusing the record, this Court deems it appropriate to
suspend the jail sentence of the appellant. Accordingly, I.A. filed on behalf of
the appellant is allowed.
It is directed that subject to deposit of fine amount, if not already
deposited and on furnishing a personal bond by the appellant in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like
amount to the satisfaction of learned trial Court for his regular appearance
before the concerned trial Court, the execution of custodial part of the
remaining sentence imposed against the appellant shall remain suspended.
The appellant, after being enlarged on bail, shall mark his presence before
the concerned trial Court on 29.09.2023 and on all such subsequent dates,
which are fixed in this regard by the concerned trial Court.
List for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
Nitesh
Signature Not Verified
Signed by: NITESH PANDEY
Signing time: 7/7/2023
11:46:27 AM
