Citation : 2023 Latest Caselaw 4402 MP
Judgement Date : 20 March, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1174 of 2023
(BHARAT SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 20-03-2023
Shri Rajesh Pathak, learned counsel for the appellant.
Shri Sushant Tiwari, learned Public Prosecutor for the
respondent/State.
Heard on (I.A. No. 1742/2023), first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant
- Bharat Singh.
This criminal appeal has been filed against the judgment dated 14.01.2023 passed in ST No.216/2018 by Fourth Additional Sessions Judge Guna Dist. Guna whereby appellant has been convicted and sentenced under Section 306 for six years RI with fine of Rs.1,000/- with default stipulation.
It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. He has suffered six months incarceration of jail sentence. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the execution of sentence
be suspended and the appellant be released on bail.
On the contrary, learned counsel for the State opposed the application and prayed for its rejection.
Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible,(I.A. No. 1742/2023) is allowed.
It is therefore, directed that if appellant deposits the entire fine amount, if Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 3/21/2023 12:27:47 PM
not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.
Application (I.A. No. 1742/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
Vijay
Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 3/21/2023 12:27:47 PM
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