Devendra Gaur vs The State Of Madhya Pradesh
2023 Latest Caselaw 7780 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 10683 of 2022
                                               (DEVENDRA GAUR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-05-2023
                                    Shri Siddhant Kochar - Advocate for the Appellant.

                                    Ms. Ranjana Agnihotri - Deputy Government Advocate for the
                           respondent/State.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima-facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.21870/2022 an application under Section 389(1) of Cr.P.C.for suspension of jail sentence and grant of bail to the appellant pending the appeal.

T h e appellant has been convicted for commission of offence under Section 326 of IPC and has been sentenced to undergo 5 years R.I. with fine of Rs.5000/- with default stipulation vide judgment dated 14.11.2022, passed by

the ASJ to the Court of I st Addl. Sessions Judge, Begumganj in S.T. No.08/2020 (State of M.P. Vs. Devendra Gaur).

Learned counsel for the appellant has submitted that appellant has been erroneously convicted. None of the witness has supported the prosecution story. Even injured/complainant has turned hostile. He has fair chance to succeed in this appeal. Final hearing of this appeal is not possible in near future. Therefore, it has been prayed that execution of the jail sentence of the Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 5/12/2023 11:07:50 AM

appellant may be suspended and he may be released on bail.

O n the other hand, learned Deputy Government Advocate for the respondent/State has opposed the prayer for grant of bail to the appellant.

I have gone through the evidence of the P.W.1 and evidence of other witnesses including medical evidence, without expressing any opinion on merits of the matter and the fact that there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant. Consequently, I.A.No.21870/2022 is allowed.

The execution of jail sentence of appellant - Devendra Gaur is hereby suspended subject to depositing the fine amount, if not already

deposited. It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Raisen on 22.08.2023 and also on such other dates, as may be fixed by it in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

Jasleen

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 5/12/2023 11:07:50 AM