Citation : 2023 Latest Caselaw 10744 MP
Judgement Date : 12 July, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1844 of 2023
(SANJEEV KUMAR CHIDAR Vs THE STATE OF MADHYA PRADESH)
Dated : 12-07-2023
Shri Bhagwan Das Mahore, learned counsel for the appellant.
Shri Rajendra Singh Yadav, learned counsel for the respondent- State.
Heard on admission.
Record of the trial Court has been received. Appeal appears to be arguable, is admitted for final hearing. Heard on IA No.2406 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 Sanjeev Kumar Chidar.
Vide judgment dated 28th December, 2022 passed by First Additional Sessions Judge, Sironj, District Vidisha in Sessions Trial No. 30 of 2017 the appellant has been convicted under Sections 420, 467, 468, 471 of IPC and sentenced to undergo three years RI with fine of Rs.5,000/-, five years RI with fine of Rs.9,000/-, three years RI with fine of Rs.5,000/- and one year RI with fine of Rs.5,000/- respectively with default stipulations.
It is submitted by learned counsel for the present appellant that there is
allegation of presence of the present appellant is of causing injury to deceased Jagdish. During trial, the present appellant was in custody from 08-11-2016 till 03-04-2017 and from the date of passing of impugned judgment, he is in custody, i.e. near about 11 months he has already served the jail sentence. Fine amount has already been deposited by him. This appeal is of the year 2023. He has a good case on merits and final hearing of the appeal will take some time. Under these circumstances, the execution of sentence be suspended and the Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/13/2023 10:51:03 AM
appellant be released on bail.
Learned counsel for the State opposed the application and prayed for its rejection.
Looking to the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, IA is allowed and it is directed that the present appellant shall be released on bail on depositing entire fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 18th December, 2023 and on
such further dates as may be fixed by the office in this regard.
C.C. as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
MKB
Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/13/2023 10:51:03 AM
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