Raj Kumar Thakur vs State Of Madhya Pradesh
2023 Latest Caselaw 7133 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5781 of 2023 (RAJ KUMAR THAKUR Vs STATE OF MADHYA PRADESH)

Dated : 02-05-2023 Shri Ankit Saxena - Advocate for the appellant.

Mr. Manoj Jha - Panel Lawyer for the State.

Heard on I.A. No. 9235 of 2023, which is an application for suspension of sentence and grant of bail filed on behalf of the appellant.

The appellant has been convicted by impugned judgment passed by the

trial Court for offence punishable under Section 366/34 of the IPC and sentenced to undergo RI for 3 years (fine Rs.7000/-) with default stipulation.

Learned counsel for the appellant has submitted that the trial Court has no t properly appreciated the oral and documentary evidence on record and committed error in convicting the appellant for aforesaid offence. Maximum sentence awarded to the appellant is RI for 3 years. It is submitted that the trial court has already suspended the jail sentence of the appellant till 04.05.2023. Disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended.

Learned Panel Lawyer has opposed the application Although record is not available, however, looking the nature of offence and period of jail sentence awarded to the appellant, I find it to be a fit case to suspend the jail sentence of the appellant and to enlarge him on bail, therefore, without commenting on the merit of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already Signature Not Verified SAN

deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.05.03 18:53:34 IST Forty Thousand only) with one surety in the like amount to the satisfaction of

the trial Court concerned, the remaining jail sentence of appellant - Raj Kumar Thakur shall remain suspended and he shall be enlarged on bail. The appellant shall appear before the trial Court concerned on 03.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Record be requisitioned.

List for admission after ensuing summer vacation.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.05.03 18:53:34 IST