Ravi Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 8134 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                           CRA No. 6518 of 2023
                                               (RAVI VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-05-2023
                                     Shri Hitendra Singh - Advocate for the appellant.

                                     Shri Abhay Shankar Pathak - Government Advocate for the
                           respondent/State.

Call for the trial Court record.

Heard on admission.

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

Also heard on I.A.No.10668/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants pending the appeal.

T h e appellant has been convicted for commission of offence under Section 436 of IPC and has been sentenced to undergo R.I. for 3 years and fine of Rs. 5,000/- with default stipulation by the learned Principal District & Additional Sessions Judge, Umariya vide judgment dated 04.05.2023 passed in

Session Trial No.34/2021 (State of MP Vs. Ravi Vishwakarma).

Learned counsel for the appellant has submitted that appellant has been released on bail till 03.06.2023 by the trial Court. During trial, he was on bail and he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chances 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 appeal would become futile.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 25-05-2023 18:15:40

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.10668/2023 is allowed. The execution of jail sentence of appellant 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 17.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course after receipt of the record. Certified copy as per rules.

(PREM NARAYAN SINGH) V. JUDGE

L.R.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 25-05-2023 18:15:40