Shivram Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 9786 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1626 of 2023 (SHIVRAM KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 28-06-2023 Shri Anoop Kumar Saxena - Advocate for the appellant.

Shri Vinod Tiwari - Panel Lawyer for the State.

Heard on I.A.No.13900/2023, which is second application filed on behalf of the appellant No.1-Shivram Kushwaha for suspension of sentence and grant of bail. His earlier application was dismissed as no n maintainable vide order

dated 03.03.2023 The appellant No.1 has been convicted by the trial Court under Section 489-C of IPC and sentenced to undergo R.I. for 03 years with fine of Rs.2,500/-, with default stipulation.

Learned counsel for the appellant No.1 has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for the aforesaid offences. He further submits that appellant No.1 is innocent and has falsely been implicated in this case. It is further submitted that there are material

contradictions, omissions and embellishments in the testimony of the prosecution witnesses. He also submits that appellant No.1 was on bail during trial but he did not misuse the liberty granted to him. It is further submitted that appellant No.1 does not have any criminal past. Appellant No.1 is in custody and final disposal of this appeal will take considerable time to conclude, therefore, the custodial sentence of the appellant No.1 may be suspended and he may be released on bail.

On the other hand learned counsel for the State has opposed the Signature Not Verified Signed by: NITESH PANDEY Signing time: 6/30/2023 10:55:40 AM

contentions raised by the counsel for the appellant No.1 and prayed for its rejection.

Heard learned counsel for the parties and perused the record and judgment of the Court below.

Looking to the overall facts and circumstances of the case as well as taking into account that the material available on record, I deem it appropriate to suspend the jail sentence of the appellant and to release him on bail. Therefore, without commenting on the merits of the case, this application is allowed.

I t 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 shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 14.09.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

Nitesh

Signature Not Verified Signed by: NITESH PANDEY Signing time: 6/30/2023 10:55:40 AM