Gandhi @ Karan Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 4116 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3120 of 2023 (GANDHI @ KARAN YADAV Vs THE STATE OF MADHYA PRADESH)

Dated : 15-03-2023 Shri A.S.Parihar- counsel for the appellant.

Ms.Hemlata Kshtariya- Panel Lawyer for the State.

Record of the court below is still awaited. Considered I.A.No.4846/2023, which is first application u/s 389 (1) Cr.P.C. for suspension of sentence on behalf of appellant-Gandhi @ Karan

Yadav.

By the impugned judgment dated 15.2.2023 passed by the Third Additional Sessions Judge, Nagod, District Satna in Sessions Trial No.85/2020 the appellant has been convicted for offences under sections 411 & 201 of IPC and sentenced to undergo R.I. for 02 years & 03 years with fine of Rs.1,000/- & Rs.2,000/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant has been falsely implicated in the crime in question. The jail sentence of appellant has been suspended till 17.3.2023. The trial Court has not properly appreciated the

oral and documentary evidence available on record. The appellant was on bail during trial. Final disposal of appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of appellant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Considered over all facts and circumstances of the case; nature of Signature Not Verified SAN

allegations against the appellant; period of custody of appellant; maximum Digitally signed by RAJESH MAMTANI Date: 2023.03.15 19:30:21 IST

sentence awarded is 03 years; and final disposal of this appeal would take

considerable period of time, without commenting on merits of the case the 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.40,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Gandhi @ Karan Yadav shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 16.8.2023 and on such other dates as may be fixed in this regard during pendency of this appeal, without fail.

I.A.No.4846/2023 is allowed.

List this case for admission after 08 weeks.

SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.03.15 19:30:21 IST