Shekhar Dumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 4094 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                            CRA No. 2379 of 2022
                  (SHEKHAR DUMAR Vs THE STATE OF MADHYA PRADESH)

Dated : 15-03-2023
      Shri Satish Kumar Dubey - Advocate for the appellant.

      Shri Hari Shukla - Panel Lawyer for the respondent/State.

Heard on I.A.No.2594/2023, second application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

His first bail application was dismissed as withdrawn vide order dated 28.06.2022.

T h e appellant has been convicted for commission of offence under Section 394 of IPC and has been sentenced to undergo R.I. for 5 years and fine of Rs. 1,000/- and Section 427 of IPC and has been sentenced to undergo

R.I. for 1 year and fine of Rs. 200/- with default stipulation by the learned 8th Additional Sessions Judge, Katni vide judgment dated 30.12.2021 passed in Session Trial No.2700073/2015 (State of MP Vs. Shekhar Dumar and another).

Learned counsel for the appellant has submitted that appellant has undergone more than 21 months in jail so far. Co-accused has already been released on bail on 23.04.2022. The case of present appellant is identical. Learned counsel further submitted that he has fair chances 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.

O n the other hand, learned Panel Lawyer for the respondent/State has

opposed the prayer for grant of bail to the appellant.

I have gone through the evidence of Sunil Singh (PW-1) and Sonu Gour (PW-7). Independent witnesses have turned hostile. Co-accused has already been released on bail. Therefore, having taken into considertion the evidence of witnesses and fact that appellant has undergone more than 21 months in jail, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.2594/2023 is allowed. The execution of jail sentence of appellant- Shekhar Dumar 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 10.07.2023 and also on such other dates, as may be fixed by it 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.

Digitally signed by LALIT SINGH RANA Date: 2023.03.16 14:24:05 +05'30'