Laxmad Prasad @ Mitthu Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 19197 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                         CRA No. 4938 of 2023
                                      (LAXMAD PRASAD @ MITTHU KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-11-2023
                                  Mr. V. S. Baghel - Advocate for the appellant.

                                  Ms. Vibha Pathak - Panel Lawyer for the respondent/ State.

Heard on the question of admission.

The appeal is admitted for hearing.

Heard on I.A. No. 7647 of 2023, an application under Section 389(1) of

the Cr.P.C for suspension of sentence and grant of bail to appellant Laxmad (Sic Laxman) Prasad @ Mitthu Kushwaha arising out of judgment dated 08.02.2023 passed by Special Judge (S.C/ S.T. Act), Sidhi in SCATR No. 88/2019.

T h e appellant has been convicted for the offences punishable under Section 354 of the IPC and sentenced to undergo S.I. for one year with fine of Rs.500/-. He has also been convicted under Section 3(1)(w)(i) of S.C./ S.T. Act and sentenced to undergo S.I. for one year and fine of Rs.500/; in default 5 days S.I. Further, he has been convicted under Section 3(2)(v-a) of S.C./ S.T.

Act and sentenced to undergo 1 year S.I. and fine of Rs.500 along with default stipulations.

Counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the aforesaid offence. He was on bail during trial and did not misuse the liberty granted to him. Final hearing of this appeal would take sufficient long time in near future. Hence, prays for suspension of sentence and grant of bail to the appellant.

Learned counsel for the respondent/State has opposed the application for Signature Not Verified Signed by: VIKRAM SINGH Signing time: 22-11-2023 10:01:30

suspension of sentence and prays for its rejection.

I have heard counsel for the parties and perused the record. Considering the facts and circumstances of the case and the fact that final hearing of the appeal would take sufficient long time and the appellant did not misuse the liberty of bail granted to him earlier, I am of the opinion that the jail sentence of appellant deserves to be suspended.

Accordingly, IA No. 7647/2023 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.30,000/-(Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, the execution

of remaining jail sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant-Laxmad (Sic Laxman) Prasad @ Mitthu Kushwaha after being enlarged on bail shall mark his presence before the concerned trial Court on 21.12.2023 and thereafter on all subsequent dates as may be fixed in this behalf.

List the appeal for final hearing in due course. Certified copy as per rules.

(HIRDESH) JUDGE

Vikram

Signature Not Verified Signed by: VIKRAM SINGH Signing time: 22-11-2023 10:01:30