Sachin Gohar vs The State Of Madhya Pradesh
2023 Latest Caselaw 9873 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 6814 of 2023
                                             (SACHIN GOHAR Vs THE STATE OF MADHYA PRADESH)

                         Dated : 30-06-2023
                                Shri U.S. Tiwari - Advocate for the appellant.

                                Shri Anil Upadhyay - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No.11707 of 2023 first application filed under Section

389(1) of CrPC for suspension of sentence on behalf of appellant.

Vid e impugned judgment dated 03.04.2023 passed by the Sessions Judge, Sivni in ST No.192/2021, the appellant has been convicted for offence punishable under Section 457 of IPC and sentenced to undergo R.I. for 3 year with fine of Rs.1000/-, under Section 201 of IPC and sentenced to undergo R.I. for one year with fine of Rs.500/-, under Section 380 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.1000/- and under Section 435 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant submits that the appellant is in custody since 03.04.2023. He was on bail during trial and has not misused the liberty granted to him. There are material contradictions and omissions in the statements of the witnesses which have been recorded before the trial court. There is no likelihood of early disposal of the appeal. Hence, h e prays for suspension of sentence and grant of bail.

Per contra, counsel for the State has vehemently opposed the application. Considering the overall facts and circumstances of the case and looking Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 7/1/2023 4:01:55 PM

to the fact that there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to appellant by way of suspension of sentence. Accordingly, without expressing any opinion on the merits, I.A.No.11707 of 2023 is allowed and it is directed that the remaining jail sentence of the appellant shall remain suspended on the appellant's furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with separate solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 28.11.2023 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE

AM

Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 7/1/2023 4:01:55 PM