Bahadur Ram Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 8056 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 6611 of 2023
                                           (BAHADUR RAM YADAV Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-05-2023
                                Shri Kamal Singh Rajput - Advocate for applicant.

                                Shri G.S.Thakur - Government Advocate for respondent/State.

Heard on I.A.No.11161 of 2023 - an application for urgent hearing. For the reasons assigned, the application is allowed. Heard on the question of admission.

This criminal appeal assails the judgment dated 03.05.2023 passed in S.T. No.400177/2013 by the First Additional Sessions Judge, Raisen, District Raisen whereby the appellant has been convicted under Sections 409 of Indian Penal Code and sentenced to undergo rigorous imprisonment for three years with fine of Rs.10,000/-, with default stipulations.

Appeal appears to be arguable, hence, admitted for final hearing. Call for the records of the Courts below.

Also heard on I.A.No.10811 of 2023, an application for suspension of jail sentence and grant of bail.

It is submitted that the appellant is on bail during trial till 02.06.2023 and he has never misused the liberty granted to him. He is under custody since the date of judgment. The total conviction is of three years and he has also deposited the fine amount. As per prosecution story, it is alleged that the appellant Bahadur Ram Yadav along with other co-accused has committed an offence under Section 409 or 409/149 of Indian Penal Code and has committed criminal breach of trust with regard to the cash amount. It is submitted that the learned Trial Court has not appreciated the material fact that the witnesses have Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 5/16/2023 11:44:00 AM

not supported the case and they have turned hostile. There is no likelihood of early disposal of the appeal. Hence, he prays for suspension of sentence and grant of bail.

Per contra, counsel for the State has vehemently opposed the application stating therein that there are ample evidence on record on the basis of which, learned trial Court has convicted the appellant. However, he could not dispute the fact that he has never misused the liberty granted by this Court.

Considering the overall facts and circumstances of the case and looking to the fact that there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to appellant by way of suspension of

sentence. Accordingly, without expressing any opinion on the merits, I.A.No.10811 of 2023 is allowed and it is directed that the remaining jail sentence of the appellant shall remain suspended subject to the verification that the amount of fine has been deposited, on the appellant furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with separate solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 14.08.2023 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course. Certified copy as per rules.

(VISHAL MISHRA) V. JUDGE

AM

Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 5/16/2023 11:44:00 AM