Ram Bhagat Shukla vs The State Of Madhya Pradesh
2023 Latest Caselaw 7898 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 6436 of 2023
                                           (RAM BHAGAT SHUKLA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-05-2023
                                 Shri Mithlesh Prasad Tripathi -Advocate for the appellant.

                                 Shri Vinay Sharma- Panel Lawyer for the respondent/State.

Heard on admission.

The appeal is admitted.

Heard on IA No.10521/2023, which is an application for suspension of

sentence and grant of bail to the appellant.

The present appeal has been filed by the appellant being aggrieved by the judgment and conviction dated 29.04.2023 passed by the First Additional Sessions Judge, Satna District Satna in ST No.3256/2021, wherein the learned trial Court has tried the appellant for offences 5(b) of Explosive Substances Act and sentenced to R.I. for three years and fine of Rs.5,000/- with default stipulation.

According to the prosecution case, information was received by the complainant Rajneesh Pandey that ATM machine of Axix Bank, Birsinghpur

was broken, pursuant to which, the complainant went to the place of incident and found that the ATM machine was broken and Rs.9,60,000/- was missing. Thereafter, the complainant lodged the FIR for the alleged offence against unknown persons.

Learned counsel for the appellant submits that the appellant is innocent and he was on bail during trial and his jail sentence is suspended by the learned trial Court till 27.05.2023. The trial Court has not properly appreciated the oral and documentary evidence available on record. Final disposal of the appeal Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 5/12/2023 6:59:47 PM

would take considerable time. Hence, prayer has been made to suspend the jail sentence imposed upon the appellant.

Learned Panel Lawyer for the respondent/State opposed the suspension of sentence and grant of bail.

Heard learned counsel for the parties.

Looking at the short sentence of only three years awarded to the appellant and the possibility that hearing of appeal may take considerable time, this Court is inclined to allow IA No. 10521/2023 and suspend the remaining part of the sentence imposed upon the appellant and it is hereby directed that the appellant- Ram Bhagat Shukla be released on bail upon his furnishing a

personal bond of Rs. 50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial court with a further direction to appear before the concerned trial Court, on 20.07.2023 and thereafter on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal. The fine amount has been deposited before the learned trial Court, therefore, the sentence of imprisonment shall remain suspended till final adjudication of this appeal.

Record of trial Court be called for.

C.C as per rules.

(SANJEEV S KALGAONKAR) JUDGE

rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 5/12/2023 6:59:47 PM