Sattu @ Satyajeet vs The State Of Madhya Pradesh
2023 Latest Caselaw 8526 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 4604 of 2023
                                           (SATTU @ SATYAJEET Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-06-2023
                                Shri Jafar Khan - Advocate for the appellant.

                                Smt. Suneeta Sood - Panel Lawyer for respondent/State.

Heard on admission.

Perused the record.

Appeal appears to be arguable hence, admitted for final hearing.

Also heard on I.A.No.7256/2023, which is first application u/s 389(1) Cr.P.C. for suspension of sentence on behalf of appellant.

The appellant has been convicted by the trial Court under Section 326 of the I.P.C. and sentenced to undergo R.I. for two years with fine of Rs.2000/- with default stipulation as mentioned in the impugned order.

Learned counsel for the appellant submitted that appellant is innocent and he has been falsely implicated in the crime in question. The trial Court without properly appreciating the oral and documentary evidence available on record has passed the impugned judgment. The appellant was on bail during trial and

he never misused the liberty granted to him. The appellant is aged about 23 years. Appellant is in custody and final disposal of instant appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Looking to the facts and circumstances of the case; age of the appellant and taking into account that final disposal of this appeal would take time, Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 6/14/2023 2:31:46 PM

without commenting on merits of the case, the 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 appellant - Sattu @ Satyajeet shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 12.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal, without fail.

It is made clear if the appellant again involves in similar kind of offence, this order shall immediately become ineffective.

List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

rv

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 6/14/2023 2:31:46 PM