Prashant Kumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7346 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 958 of 2023 (PRASHANT KUMAR Vs THE STATE OF MADHYA PRADESH)

Dated : 04-05-2023 Shri R.S.Maindiretta - Advocate for the applicant.

Shri C.K.Mishra - Government Advocate for the State.

Heard on admission.

Admit.

Also heard on I.A. No. 5167 of 2023, which is an application for

suspension of sentence and grant of bail filed on behalf of the applicant.

The applicant has been convicted by impugned judgment passed by the trial Court for offence punishable under Section 304A of the IPC and sentenced to undergo RI for 1 year (fine Rs.1000/-) with default stipulations.

Learned counsel for the applicant has submitted that the trial Court has no t properly appreciated the oral and documentary evidence on record and committed error in convicting the applicant for aforesaid offence. Maximum sentence awarded to the applicant is RI for 1 year. The applicant is in jail and disposal of this appeal would take considerable time, therefore, the jail sentence

of the applicant may be suspended.

Learned Government Advocate has opposed the application Looking the nature of offence and period of jail sentence awarded to the applicant, I find it to be a fit case to suspend the jail sentence of the applicant and to enlarge him on bail, therefore, without commenting on the merit of the case, the application is allowed.

Signature Not Verified SAN

I t is directed that subject to depositing the fine amount, if not already Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.05.04 15:43:12 IST deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees

Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the remaining jail sentence of applicant- Prashant Kumar shall remain suspended and he shall be enlarged on bail. The applicantshall appear before the trial Court concerned on 05.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.05.04 15:43:12 IST