[email protected] vs The State Of Madhya Pradesh
2023 Latest Caselaw 3893 MP

                                                                   1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                          CRA No. 3275 of 2023
                                          ([email protected] Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 13-03-2023
                                    Shri Santosh Sahu - Advocate for the appellant.

                                    Shri Ramanuj Choubey - Panel Lawyer for the respondent /State.

Call for trial Court record.

Heard on I.A.No.5130/2023, 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 h e appellant has been convicted for commission of offence under Section 323 and 325 of IPC and has been sentenced to undergo R.I. for 01 year and fine of Rs. 500/- and Rs.1000/- with default stipulation by the learned Special Judge, SC/ST Act, Betul District Betul vide judgment dated 11.1.2023 passed in SC ATR No.200184/2014 (State of MP Vs. Choto @ Rakesh).

Learned counsel for the appellant has submitted that appellant has been released on bail till 20.03.2023 by the trial Court. During trial, he was on bail and he has not misused the liberty granted to him by way of bail. Learned counsel

further submitted that he has fair chance 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.

Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail Signature Not Verified Signed by: DEEPA MISHRA Signing time: 3/14/2023 1:35:15 PM

sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.5130/2023 is allowed. The execution of jail sentence of appellant- Choto @ Rakesh 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 22.06.2023 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 hearing on admission, immediately after receipt of trial Court record.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 3/14/2023 1:35:15 PM