Omprakash Mehade vs The State Of Madhya Pradesh
2023 Latest Caselaw 18426 MP

                                                                  1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          CRA No. 4272 of 2022
                                               (OMPRAKASH MEHADE Vs THE STATE OF MADHYA PRADESH)

                          Dated : 02-11-2023
                                 Shri M. R. Verma - Advocate for the appellant.

                                 Smt. Papiya Ghosh - Panel Lawyer for the respondent/State.

Heard on I.A No.23525/2022, which is s e c o nd application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant. His first application was dismissed as withdrawn vide

order dated 27.10.2022.

The appellant has been convicted for an offence punishable under Section 304-II of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.2,000/- and Section 323 of IPC (two counts) and sentenced to undergo R.I. for 3 months with fine of Rs.500/-, with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence.

The maximum jail sentence of appellant is seven years. The appeal would take considerable time to conclude. They are ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

Learned counsel for the State has opposed the application and prayed for its rejection.

Having heard the arguments and on perusal of the record, this Court is of Signature Not Verified Signed by: POONAM MANEKAR Signing time: 11/3/2023 3:01:42 PM

the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that subject to deposit of fine amount, if already not deposited and on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till

final disposal of this appeal. The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 05.01.2024 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 11/3/2023 3:01:42 PM