Arvind @ Sarman vs The State Of Madhya Pradesh
2023 Latest Caselaw 18408 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10964 of 2023 (ARVIND @ SARMAN Vs THE STATE OF MADHYA PRADESH)

Dated : 02-11-2023 Shri S.S. Thakur - Advocate for appellant.

Shri Anoop Sonkar - Panel Lawyer for State.

Heard on admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on IA No.20567 of 2023, which is the first application under

Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant. Appellant is in jail.

Appellant stood convicted under Sections 392 of the IPC and sentenced to suffer R.I. for 4 years with fine of Rs.2000/- with default stipulations vide judgment of conviction and order of sentence dated 29.08.2022 passed by Second Additional Sessions Judge, Beena, District Sagar in Registration No.ST/33/2021.

Learned counsel for the appellant while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence

wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Appellant is in jail. Appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered.

P e r contra, learned counsel for State while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 03-Nov-23 10:09:55 AM

of the appellant should not be suspended.

Upon hearing learned counsel for the parties though this Court refrain from commenting upon rival contentions touching merits of the matter and the appeal is of the year 2023 and there is no likelihood early hearing of the appeal in near future, in the obtaining facts and circumstances, present appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.20567 of 2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the

satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 18/12/2023 and on other subsequent dates as may be fixed in this behalf.

Accordingly, I.A.No. 20567 of 2023 stands allowed and disposed of. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

DPS

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 03-Nov-23 10:09:55 AM