Sanjay Loni vs The State Of Madhya Pradesh
2023 Latest Caselaw 9954 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 7120 of 2023
                                              (SANJAY LONI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-07-2023
                                 Shri Kuldeep Singh - Advocate for the appellant.

                                 Shri Saurabh Soni - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A.No.13076/2023 first application filed under Section

389(1) of CrPC for suspension of sentence on behalf of appellant.

Vid e impugned judgment dated 06.05.2023 passed by the Sessions Judge, Umaria District Umaria in S.T. No.64 of 2022, the appellant has been convicted for offence punishable under Section 327 of IPC and sentenced to undergo R.I. for three years and to pay fine o f Rs.5,000/- with default stipulation.

It is pointed out by the learned counsel for the appellant that the sentence of the appellant was already suspended by the trial Court till 07.06.2023 and vide order dated 06.05.2023 the same has been extended upto 21.07.2023. The

order sheet to the aforesaid effect is placed before this Court.

Per-contra, counsel for the State has opposed the prayer stating therein that there is active participation of the appellant in commission of offence.

Considering the fact that the trial Court has already suspended the sentence and there is no likelihood of early disposal of the appeal in near future, subject to verification of the fact that fine amount has already been deposited this court is inclined to grant bail to appellant by way of suspension of sentence.

Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 7/3/2023 2:31:40 PM

Accordingly, without expressing any opinion on the merits, I.A.No. 13076/2023 is allowed and it is directed that the jail sentence of the appellant will remain under suspension subject to the verification that the amount of fine have been deposited, on the appellant furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 28.11.2023 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course of time at its own turn. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

Loretta

Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 7/3/2023 2:31:40 PM