Shishupal vs The State Of Madhya Pradesh
2023 Latest Caselaw 7901 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 3258 of 2023
                                         (SHISHUPAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 12-05-2023
                                Shri Sharad Verma - Advocate for the appellant.

                                Ms. Nalini Gurung - Panel Lawyer for the respondent/State.

None for respondent No.2 despite service of notice.

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.8039 of 2023, 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.

Appellant has been convicted for commission of offence under Section 354 of IPC and has been sentenced to 03 years RI and fine of Rs.500/- with default stipulation vide judgment dated 06.2.2023 passed in SC No.280/2021

(State of M.P. vs. Shishupal) by 3rd ASJ & Special Judge, POCSO Act, District Sagar (M.P.).

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the learned trial Court. Earlier he was released on bail by the trial Court and even after conviction, he was released on bail. He has not misused the liberty granted by way of bail. He has fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/13/2023 10:54:26 AM

appeal would become futile.

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

Having taken into consideration the short nature of sentence and other material available on record, I deem it proper to suspend the remaining jail sentence of the appellant, pending the appeal.

Consequently, I.A.No.8039 of 2023 is allowed. The execution of jail sentence of appellant Shishupal 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 on 27.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/13/2023 10:54:26 AM