Mohan vs The State Of Madhya Pradesh
2023 Latest Caselaw 19845 MP

Madhya Pradesh High Court

Mohan vs The State Of Madhya Pradesh on 28 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12295 of 2023 (MOHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 28-11-2023 Shri J.K.Dixit - Advocate on behalf of Shri Anurag Shivhare - Advocate

for the appellant.

Shri D.P.Patel - Dy.Government Advocate for the State.

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing.

Also heard on IA No.23041/2023, 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.

Appellant has been convicted under Sections 354 IPC and 3(1)(w)(i) & 3(2)(v-a) of SC/ST(Prevention of Atrocities) Act and sentenced as mentioned in the impugned judgment dated 13.09.2023 passed in SC No.91/2021 by IIIrd Additional Sessions Judge, Sagar.

It is submitted by the counsel for the appellant that the sentence of the appellant was already been suspended by the trial Court till 14.10.2023 and

further extended by this Court till 30.11.2023. 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, 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.23041 of 2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees F ifty 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 24.01.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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