Mahendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 9529 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 5607 of 2022 (MAHENDRA Vs THE STATE OF MADHYA PRADESH)

Dated : 23-06-2023 Shri Anoop Nigam, learned counsel for appellant.

Shri P.S. Raghuvanshi, learned Public Prosecutor for State. Heard on I.A.No.10460/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

This criminal appeal has been filed against the judgment dated 21.06.2022 passed in S.T. No.57/2017 by Third Additional Sessions Judge Shivpuri

District Shivpuri whereby the appellant has been convicted under Section 420 of IPC and sentenced to undergo three years R.I. with fine of Rs.5000/- and under Section 467 of IPC and sentenced to undergo three year R.I. with fine of Rs.5000/-, under Section 468 of IPC and sentenced to undergo three years R.I. with fine of Rs.5000/- and under Section 471 of IPC and sentenced to undergo three years R.I. with fine of Rs.5000/- with default stipulation.

It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. It is also submitted that learned Trial

Court has already suspended jail sentence of the appellant for a period of one month. Appeal is of the year 2022 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/23/2023 4:35:54 PM

parties and the fact that an early hearing of this case is not possible and that learned trial Court had suspended jail sentence of the appellant for a period of one month, I.A. No.10460/2022 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 11th December, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.10460/2022) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/23/2023 4:35:54 PM