Vishal Nathbaba vs The State Of Madhya Pradesh
2023 Latest Caselaw 8708 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 7187 of 2023
                                             (VISHAL NATHBABA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-06-2023
                                 Shri Laveesh Sethia, learned counsel for the appellant.

                                 Shri Vishal Sanothiya, learned G.A. for the respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also, heard on I.A. No.8270/2023, which is first application for

suspension of sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of appellant-Vishal.

The trial Court has convicted the appellant under Section 8 of the IPC and sentenced to undergo 3 years of R.I. with fine of Rs.4,000/- and section 451 of the IPC sentenced to undergo 1 year of R.I. with fine of Rs.1,000/- with default stipulation respectively, vide judgment of conviction and order of sentence dated 28.04.2023 passed by Additional Sessions Judge Bhanpura, District-Mandsuar in C.I.S. NO.S.T./20/2020.

Learned counsel for the appellant submits that the appellant has not

committed any offence and he has falsely been implicated in the case. The trial court has already suspended the jail sentence of the appellant and grant temporary bail till 28/06/2023. Final disposal of this appeal will take sufficient long time therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant and prays for its rejection.

I have heard learned counsel for both the parties and perused the case. Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 14-06-2023 18:24:03

Considering the short term sentence coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A.No.8270/2023 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant-Vishal shall be released on bail, on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 07.08.2023, and on such other dates, as may be fixed by the Registry in this regard, till final

disposal of this appeal.

I.A. No.8271/2023 for urgent hearing stands closed. Record of the court below be requisitioned. List in due course.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

ajit

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 14-06-2023 18:24:03