Madhya Pradesh High Court
Hitendra @ Hittu Thakur vs State Of Madhya Pradesh on 20 July, 2023
Author: Anuradha Shukla
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3283 of 2023
(HITENDRA @ HITTU THAKUR Vs STATE OF MADHYA PRADESH)
Dated : 20-07-2023
Shri Kamlesh Yadav - Advocate for the appellant.
Ms. Priti Singh - Panel Lawyer for the State.
Heard on admission.
The appeal is admitted for final hearing.
Also heard on I.A No.7355/2023, which is second application under
Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved
on behalf of the appellant. His first application was dismissed as not
maintainable vide order dated 13.3.2023 by a co-ordinate Bench of this Court.
The appellant has been convicted for the offences punishable under
Section 354-D of IPC and sentenced to undergo R.I. for 1 year with fine of
Rs.500/- and Section 11/12 of the POSCO Act and sentenced to undergo R.I.
for 1 year with fine of Rs.500/-, with default stipulations.
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 an error in convicting the appellant for aforesaid
offences. Appellant was in custody from 3.2.2023 to 17.4.2023 and the appeal
would take considerable time to conclude. 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 of the appellant may be considered.
On the other hand, learned counsel for the State has opposed the
application and prays for its rejection.
Heard learned counsel for the parties, perused the judgment and record
of the court below.
Looking to the over all facts and circumstances of the case and the
evidence available on record as well as the grounds raised about infirmities in its
appreciation, this Court finds it to be a fit case to suspend the jail sentence of
the appellant and to release him on bail, therefore, without commenting on the
merit of the case, this application is allowed.
It is directed that subject to depositing the fine amount, if not already
deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees
Fifty Thousand only) with one surety in the like amount to the satisfaction of
the trial Court concerned, the custodial sentence of the appellant shall remain
suspended and he shall be released on bail for securing his presence before the
trial Court concerned on 30.10.2023 and on such other dates as may be fixed
in this regard during pendency of this appeal.
Accordingly, the application stands allowed and disposed of.
List this case for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
ps
Digitally signed by PRASHANT
SHRIVASTAVA
Date: 2023.07.21 10:32:52 +05'30'
Adobe Reader version: 11.0.23
