Prabhu Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 11044 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                       CRA No. 1574 of 2023
                                             (PRABHU JATAV Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-07-2023
                                 Shri Rishikesh Bohare, learned counsel for the appellant.

                                 Shri RK Awasthi, 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 hearding. Also heard on IA.No.12485 of 2023, which is the second application

u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Prabhu Jatav. First suspension application was dismissed for want of prosecution.

Vid e judgment dated 30-09-2022 passed by Special Judge(MPDVPK Act), Datia in Spl. Sessions Trial No. 300027 of 2004, the appellant has been convicted under Section 365 of IPC read with Section 11/13 of MPDVPK Act and sentenced to undergo seven years RI with fine of Rs.2,000/- with default stipulation.

It is submitted by learned counsel for the appellant that the appellant has

already served near about one year and four months of jail sentence out of jail sentence awarded by the trial Court. It is further contended that TIP of the appellant was conducted after four months which is not reliable. The learned trial Court has committed an error in convicting and sentencing the appellant. This appeal is of the years 2023 and its final outcome 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 Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/18/2023 1:39:13 PM

rejection.

Considering the facts and circumstances of the case, but without expressing any opinion on the merits of the case, 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 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.

List for final hearing in usual course. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/18/2023 1:39:13 PM