Citation : 2023 Latest Caselaw 19220 MP
Judgement Date : 20 November, 2023
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11786 of 2023 (PAWAN MEWADA Vs THE STATE OF MADHYA PRADESH)
Dated : 20-11-2023 Shri Satyam Agrawal - Advocate for the appellant.
Shri Vinod Tiwari - Panel Lawyer for the State.
Heard on admission.
Appeal seems to be arguable, hence, admitted for hearing. Also heard on IA No.22125/2023, which is first application under Section
389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant - Pawan Mewada.
Appellant has been convicted under Section 363 and 366-A of IPC and sentenced as mentioned in the impugned judgment dated 4th August, 2023 passed in Special Case No.138/2021 by I ASJ, Ashtha, Distt. Sehore.
It is submitted by the counsel for the appellant that the appellant is in jail for more than five months. He has been falsely implicated. 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, sentence of the
appellant may be suspended.
Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.
Accordingly, IA No.22125/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 21-Nov-23 2:16:19 PM
upon 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 22.12.2023 and on other subsequent dates as may be fixed in this behalf.
List for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY) JUDGE
anand
Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 21-Nov-23 2:16:19 PM
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