Shivnarayan vs The State Of Madhya Pradesh
2023 Latest Caselaw 10292 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     CRA No. 8511 of 2023
                                             (SHIVNARAYAN Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-07-2023
                               Shri Deepak Sakle - Advocate for the appellant.

                               Shri Vishal Sanothiya - Govt. Advocate for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing. A l s o heard on I.A.No.9857/2023, which is first application for

suspension of sentence and grant of bail filed under Section 389 of the Cr.P.C. on behalf of appellant - Shivnarayan.

The trial Court has convicted the appellant under Section 435 of IPC and sentenced to undergo RI for 01 year with fine o f Rs.20,000/- with default stipulation, vide judgment of conviction and order of sentence dated 27.05.2023 passed by Sessions Judge, Rajgarh (Biora) in S.T. No.546/2021.

Learned counsel for the appellant submits that the appellant was convicted for the above offence. The trial Court has suspended the sentence of the appellant till the date of 26.07.2023. Disposal of the appeal will take

sufficient time therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant and prays for its rejection.

I have heard learned counsel for both the parties and perused the record. Considering the short term of sentence and also considering the facts and circumstances of the case, without expressing any opinion on merits of the case, the application I.A. No.9857/2023 is allowed and the jail sentence of the Signature Not Verified Signed by: SHRUTI JHA Signing time: 07-07-

2023 10:24:35

appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant - Shivnarayan shall be released on bail, on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 08.08.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List in due course.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

Shruti

Signature Not Verified Signed by: SHRUTI JHA Signing time: 07-07-

2023 10:24:35