Bhura @Omkar Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 3786 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRA No. 5593 of 2020
                                      (BHURA @OMKAR CHOUDHARY Vs THE STATE OF MADHYA PRADESH)

                         Dated : 03-03-2023
                               Shri Manish Datt - Senior Advocate with Shri Siddharth Bendel ,

                         Advocate for the appellant.
                               Shri J.S. Parihar - Panel Lawyer for the respondent/State.

Heard on I.A.No.14556/2022 third application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant

pending the appeal.

Earlier two bail applications of appellant were dismissed as withdrawn vide order dated 15.03.2022.

T he appellant has been convicted for commission of offence under Section 392 read with Section 397 of IPC and has been sentenced to undergo R.I. for 7 years and fine of Rs. 1,000/-, with default stipulation by the learned Additional Sessions Judge, Pawai District-Panna vide judgment dated 10.10.2020 passed in Session Trial No.112/2019 (State of MP Vs. Bhura @ Omkar Choudhary).

Learned counsel for the appellant has submitted that appellant is in jail since 13.10.2019. He has suffered more than two years and five months in jail. If remission period is counted, he has undergone more than three years and six months in jail. Applicant has no criminal antecedent except the present one. There is no one in his family to take care of his sister who is alone in his family. 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.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 3/4/2023 12:05:57 PM

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

In this case appellant has suffered almost half sentence and there is no possibility of coming of this appeal for hearing in near future. Therefore, without expressing any opinion on the merits of the case, having taken into consideration the detention period of the jail sentence suffered by the appellant so far, I am of the view that it is a case in which appellant may be released on bail.

Consequently, I.A.No.14556/2022 is allowed. The execution of jail sentence of appellant- Bhura @ Omkar Choudhary 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 04.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

L.R.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 3/4/2023 12:05:57 PM