Ramesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 4501 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 4025 of 2023
                                                 (RAMESH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 21-03-2023
                                 Shri Jitendra Bajpai - Advocate for appellant.

                                 Shri Kapil Mahant - Panel Lawyer for the respondent/State.

Heard on IA.No.4123/2023, which is an application for dispensing with from filing certified copy of the impugned judgment.

Appellant has filed certified copy which is duly signed and verified by the

Presiding Officer of the concerned Court, therefore, there is no need to file separate certified copy. Hence, application is allowed and appellant is dispensed with from filing certified copy of the impugned judgment.

Also heard on I.A.No.3944/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the sole appellant Ramesh.

Appellant stands convicted vide judgment dated 06/03/2023 passed in S.T.No.34/2019 by II Additional Sessions Judge, Mandleshwari, West Nimar (M.P.) under Section 24 of M.P. Ayurvighyan Paishad Adhiniyam and has

been sentenced to undergo 02 years RI with fine of Rs.2,000/- with usual default stipulation.

Learned counsel for the appellant submit that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. His jail sentence has also been suspended by the Trial Court till 21/04/2023. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/21/2023 6:58:42 PM

appeal would take sufficient long time. Prima facie there is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the

case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.3944/2023 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 20/09/2023 and on all such subsequent dates, which are fixed in this behalf.

Let record of the trial Court be requisitioned. Certified copy as per rules.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/21/2023 6:58:42 PM

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/21/2023 6:58:42 PM