Saroj Chawla vs The State Of Madhya Pradesh
2023 Latest Caselaw 4298 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 9039 of 2022
                                             (SAROJ CHAWLA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-03-2023
                                Shri Saurabh Tiwari - Advocate for the appellant.

                                Shri A.N. Gupta - Government Advocate for the respondent/State.

Heard on I.A No.4830 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Saroj arising out of judgment dated 16.09.2022 delivered in S.T. No. 66/2019, by Ist

Upper Sessions Judge, Harda, District - Harda (M.P.).

T h e appellant has been convicted under Section 419 of I.P.C. and sentenced to undergo rigorous imprisonment for three years with fine of Rs.1,000/-, under Section 467 of I.P.C. and sentenced to undergo rigorous imprisonment for three years with fine of Rs.1,000/- and under Section 201 of I.P.C. and sentenced to undergo rigorous imprisonment for one year with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submits that appellant remained in custody during trial from 09.07.2019 to 01.08.2019 (25 days) thereafter from

21.11.2022 the appellant is again in custody. The appellant has been falsely arraigned the findings of Courts below are perverse in nature.

Considering the short sentence coupled with the fact that final hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of appellant may be suspended.

Shri A.N. Gupta, learned Government counsel opposed the prayer. Considering the short sentence, without expressing any conclusive opinion on merits, I deem it proper to suspend the remaining jail sentence of the Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 3/17/2023 5:37:52 PM

appellant. Accordingly, I.A No.4830 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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, Harda, District - Harda on 9th May, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

(SUJOY PAUL) JUDGE

HK

Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 3/17/2023 5:37:52 PM