Bharat Mewada vs The State Of Madhya Pradesh
2023 Latest Caselaw 18416 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 13575 of 2023 (BHARAT MEWADA Vs THE STATE OF MADHYA PRADESH)

Dated : 02-11-2023 Shri Arpan Shrivastava - Advocate for the appellant.

Ms. Shanti Tiwari - Panel Lawyer for the State.

Heard on admission.

Admit.

Let the record of the trial Court be requisitioned.

Heard on I.A.No.25559/2023 which is first application under Section 389 (1) CrPC for suspension of custodial sentence of the appellant Bharat Mewada.

Appellant has been convicted under Section 324/34 and 452 of IPC and sentenced to undergo RI for two years with fine Rs.2000/- and RI for two years with fine Rs.2000/- with default stipulation vide impugned judgment dated 04.10.2023 passed in ST No.191/21 by II ASJ, Ashta, District. Sehore.

It is submitted by the counsel for the appellant that the trial Court has already suspended the sentence of the appellant till 17.11.2023. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal

being taken up for final hearing. Under such circumstances, sentenced of the appellant may be suspended.

Learned counsel appearing for the State has supported the impugned judgment and opposed the application for suspension of sentence.

Considering overall facts and circumstances of the case; period of custody as well as the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future but without commenting on merits of the case, I.A.No.25559/2023 is allowed. Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 11/3/2023 10:43:15 AM

It is directed that on deposit of entire fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 18.12.2023 and on all subsequent dates as may be fixed by the trial Court in that regard, the execution of substantial jail sentence imposed on appellant shall remain suspended, till final disposal of this appeal.

Let the appeal be listed for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 11/3/2023 10:43:15 AM