Citation : 2023 Latest Caselaw 8130 MP
Judgement Date : 25 May, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6710 of 2023
(UDHAM @ UMED SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 25-05-2023
Shri Ganga Prasad Patel - Advocate for Appellant Udham @ Umed
Singh.
Shri Amit Kumar Sharma - Government Advocate for the State.
Heard on question of admission.
Appeal is admitted for final hearing.
Heard on I.A. No.11064/2023 for urgent hearing during Summer
Vacation.
I.A.No.11064/2023 is allowed.
Also heard on I.A.No.11063/2023 filed under Section 389(1) of the Code
of Criminal Procedure, 1973 for suspension of sentence & grant of bail to
Appellant Udham @ Umed Singh.
Vide Judgment dated 10.5.2023 passed in S.C.E.L.E No.234/2021 by IV
Additional Sessions Judge & Special Judge (Electricity Act), Narsinghpur, the
appellant has been convicted for the offence under Sections 304-A, 201 of the
Indian Penal Code, 1860 and Section 135 of the Electricity Act and sentenced
to undergo rigorous imprisonment for two years & six months with fine &
default stipulation.
Learned counsel for the appellant submits that the appellant was on bail
during trial and he did not misuse the liberty granted by the Court. Hence,
prayer is made to suspend execution of the remaining jail sentence during
pendency of this appeal and release him on bail.
Learned Government Advocate for the respondent/State opposes the
Signature Not Verified Signed by: AMIT JAIN Signing time:
5/25/2023 5:29:07 PM
application.
After hearing the learned counsel for the appellant and taking into consideration that the appellant was on bail during trial and he did not misuse the liberty granted, this Court is of the view that it is a fit case to suspend the remaining jail sentence of the appellant and release him on bail.
Accordingly, I.A. No.11063/2023 is allowed. It is directed that on depositing of the fine amount, if not already deposited and on furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two surety sureties in the like amount to the satisfaction of the Trial Court for his appearance before the concerned Trial Court on 7.8.2023 and on subsequent
dates as may be fixed by the concerned Trial Court, the execution of remaining jail sentence of the appellant shall remain suspended and he shall be released on bail during pendency of this appeal.
List this case for final hearing as per its turn and seniority in Part-II of the Cause List.
Meanwhile, record of the Court below be also requisitioned.
(VIVEK AGARWAL) V. JUDGE
amit
Signature Not Verified Signed by: AMIT JAIN Signing time:
5/25/2023 5:29:07 PM
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