Kamal vs The State Of Madhya Pradesh
2023 Latest Caselaw 8726 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 7133 of 2023
                                                 (KAMAL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-06-2023
                                 Shri P. S. Chouhan - Advocate for the appellants.

                                 Shri Himanshu Tiwari - Panel Lawyer for the respondent /State.

Call for trial Court record.

Heard on I.A.No.13132/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant

pending the appeal.

T he appellant have been convicted for commission of offence under Section 7 of Essential Commodities Act and Section 409 of IPC and have been sentenced to R.I. for 02 years and 03 years respectively and fine of Rs.5000/- and Rs.10000/- respectively with default stipulations by the learned 1st Additional Sessions Judge, Betul, District Betul(M.P.) vide judgment dated 25.5.2023 passed in Sessions Trial No.86/2019 (State of M.P. Vs. Naveen Sahu and others).

Learned counsel for the appellant has submitted that appellant has been

released on bail till 24.6.2023 by the trial Court itself. During trial, he was on bail and he has not misused the liberty granted to him b y way of bail. Learned counsel further submitted that he has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant. Signature Not Verified Signed by: DEEPA MISHRA Signing time: 6/15/2023 10:38:57 AM

Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.13132/2023 is allowed. The execution of jail sentence of appellant-Kamal is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the

trial Court on 9.8.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for admission immediately after receipt of record along with connected appeal.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 6/15/2023 10:38:57 AM