Nagendra Kumar @ Nagesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7603 MP

                                                        1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                 CRA No. 1637 of 2023
                                  (NAGENDRA KUMAR @ NAGESH Vs THE STATE OF MADHYA PRADESH)

               Dated : 09-05-2023
                           Shri Rajmani Bansal, learned counsel for the appellant.

                           Shri    P.S.Raghuwanshi,         learned   Public   Prosecutor    for   the
               respondent/State.

Heard on IA.No.2098/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

Vide judgment dated 16.1.2023 passed in S.T.No.157/2015 by learned 1st Additional Sessions Judge, Datia, appellant has been convicted under Section 286 of IPC and section 3 of the Explosive Substances Act and sentenced to undergo 3 months RI with fine of Rs.100/- and 5 years RI with fine of Rs.500/- respectively.

It is submitted by learned counsel for the appellant that allegation against the appellant is that he along with co-accused made explosion in the cresher mine, due to which stones of 10-12 kgs fell near Hanuman temple and thereby they put the life of villagers in danger, but investigating officer J.S.Jadaun (PW-

12) in cross-examination para 4 has admitted that during investigation he did not find any broken houses and injured animals. He also admitted that he did not find any damage to Gumbad of Hanuman temple. During trial, appellant suffered jail sentence of one month and 16 days and thereafter from the date of judgment i.e. 16.1.2023 he is in custody. Appellant`s has a good case on merits. Final hearing of the appeal will take time. Therefore, prayer for suspension of Signature Not Verified sentence has been made.

Signed by: MADHU SOODAN PRASAD Signing time: 09-05-2023 06:20:36 PM Learned counsel for the State opposed the application and prayed for its

rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.2098/2023 is allowed and it is directed that jail sentence of the appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 4th December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

I.A.No.7121/2023 is dismissed as withdrawn. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 09-05-2023 06:20:36 PM