Ashok vs The State Of Madhya Pradesh
2023 Latest Caselaw 11896 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7967 of 2023 (ASHOK Vs THE STATE OF MADHYA PRADESH)

Dated : 28-07-2023 Shri Sunil Mishra - Advocate for appellant.

Smt. Smita Kehari - Panel Lawyer for State. Shri A. K. Shah - Advocate for the objector.

Heard on I.A. No.15143/2023, which is an application for ignoring the default pointed out by the Registry.

For the reasons stated in the application, the same is allowed and the default pointed out by the Registry is directed to be ignored.

Also heard on I.A. No.15490/2023, which is an application under Section 5 of Limitation Act for condonation of delay.

There is a delay of 70 days in filing the present criminal appeal. For the reasons stated in the application, the same is allowed and the delay is condoned.

Further heard on admission.

Admit.

Also further heard on I.A No.14517/2023, 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 the offences punishable under Section 147 of IPC and sentenced to undergo R.I. for six months with fine of Rs.1,000/- and Section 323/149 of IPC and sentenced to undergo R.I. for six months with fine of Rs.500/-, with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent Signature Not Verified Signed by: NITESH PANDEY Signing time: 7/31/2023 10:56:44 AM

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. Appellant is in custody 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 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.

The co-accused persons namely, Gulab, Raju and Gorelal have already b e e n granted bail in I.A.No.4170/2023 and co-accused persons namely, Narayandas, Rakesh, Badri Prasad and Ramkripal have already been granted bail in I.A.No.4172/2023 by a Co-ordinate Bench of this Court vide order dated 21.02.2023. The present case is identical to that of aforesaid appellants.

Looking to the o ver all facts and circumstances of the case and the evidence available on record as well as the grounds raised about infirmities in its appreciation and also on grounds of parity, this Court finds it to be a fit case to suspend the jail sentence of the appellant and release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t 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-Ashok shall

Signature Not Verified remain suspended and he shall be released on bail for securing his presence Signed by: NITESH PANDEY Signing time: 7/31/2023 10:56:44 AM

before the trial Court concerned on 01.11.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE Nitesh

Signature Not Verified Signed by: NITESH PANDEY Signing time: 7/31/2023 10:56:44 AM