Madhya Pradesh High Court
Yogendra Singh Sori vs The State Of Madhya Pradesh on 21 November, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11194 of 2022
(YOGENDRA SINGH SORI Vs THE STATE OF MADHYA PRADESH)
Dated : 21-11-2023
Shri S.S. Thakur- Advocate for appellant.
Shri Shailendra Mishra - Panel Lawyer for respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard o n I.A. No.22828/2022, this is first application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant-Yogendra Singh Sori.
The appellant has been convicted vide judgment dated 24/11/2022 passed
by First Additional Sessions Judge, Dindori in S.T. No. 31/2013 and appellant
has been convicted for offence punishable under Sections 420/120(B),
467/120(B), 468/120(B) and 471/120(B) of IPC and sentenced to undergo RI
for 2 years, 5 years, 3 years and 2 years and to pay fine of Rs. 2,000/-, Rs.
5,000/-, Rs.3,000/- and Rs.2000/- for each offence respectively with usual
default stipulations.
Learned counsel for the appellant submits that the trial Court has not
properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellant for aforesaid offence. The appellant has
suffered more than one and a half years custodial sentence and appellant is
ready to deposit Rs.1,25,000/- before the bank concerned. There are fair
chances of success of this appeal and final hearing of same will take
considerable time, therefore, if remaining custodial sentence has not been
suspended, then the appeal filed by appellant may turn infructuous. Under these
circumstances, learned counsel for appellant prays for suspension of jail
sentence and release of the appellant on bail till the final disposal of the appeal.
O n the other hand, learned Government Advocate has opposed the
contention raised by learned counsel for appellant and prays for rejection of
said application.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that the appellant is ready to deposit Rs.1,25,000/- before the bank
concerned and according to listing policy the hearing of this appeal will take
time, the application is allowed and it is directed that the execution of the
remaining jail sentence passed against appellant - Yogendra Singh Sori shall
remain suspended during the pendency of this appeal and he be released on bail
subject to depositing Rs. 1,25,000/- before the bank concerned and entire
fine amount, if already not deposited and upon his furnishing personal bond in
the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety
in like amount to the satisfaction of the trial Court for securing his presence
appearance before the trial Court on 02/01/2024 and on such further dates as
may be fixed by trial Court it in this regard during the pendency of this appeal.
List the appeal for final hearing in due course
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
