Omprakash Sen vs The State Of Madhya Pradesh
2023 Latest Caselaw 7248 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3595 of 2022 (OMPRAKASH SEN Vs THE STATE OF MADHYA PRADESH)

Dated : 03-05-2023 Shri Ishan Datt - Advocate for appellant.

Shri T.R. Kurmi - Panel Lawyer for the State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.6629/2022, which is first application filed under

Section 389(1) of Cr.P.C. for suspension of custodial sentence and grant of bail filed on behalf of appellant Om Prakash Sen.

The appellant has filed this appeal against the judgment dated 28.07.2021 passed by the First Additional Sessions Judge, Sehore in S.T. No.119/2019, whereby he has been convicted for commission of offence punishable under Sections 307 of the IPC and sentenced to undergo RI for a period of seven years and to pay the fine amount of Rs.1,000/- with usual default stipulation.

Learned counsel for the appellant submits that the appellant is in jail for more than three years and seven month and he has completed more than half of

the jail sentence. There are fair chances of success of this appeal and if the custodial sentence of the appellant is not suspended, the appeal filed by him may turn infructuous. The final hearing of the appeal would take considerable time. Hence, learned counsel for the appellant prays for suspension of custodial sentence and grant of bail to appellant.

Learned Panel Lawyer has opposed the application and prayed for its rejection.

Looking to the facts and circumstances of the case coupled with the fact Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 5/4/2023 10:49:44 AM

that the appellant has completed more than half of jail sentence awarded by the trial Court, IA No.6629/2022 is allowed and it is ordered that subject to deposit of fine amount, if not already deposited, the execution of jail sentence of appellant shall remain suspended till further orders and he be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- with one solvent surety in the like amount to the satisfaction of the trial court for his appearance before the concerned trial Court on 29/08/2023 and thereafter, on all subsequent dates as may be fixed by the Court in this behalf.

List the appeal for final hearing in due course. Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 5/4/2023 10:49:44 AM