Kedar Nagar vs The State Of Madhya Pradesh
2023 Latest Caselaw 16359 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                           CRA No. 8493 of 2023
                                                (KEDAR NAGAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-10-2023
                                  Shri Vishwambhar Varangaonkar, learned counsel for the appellant.

                                  Shri Hemant Sharma, Govt. Advocate for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing. Also, heard on I.A. No.9832/2023, which is first application for

suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant-Kedar Nagar.

2. The trial Court has convicted the appellant vide judgment of conviction and order of sentence dated 23.06.2023 passed in S.T. No.400137/2016 passed by Special Judge, SC/ST, Prevention/Special Judge (M.P. Nikshepako Ke Hito Ka Sanrakshan Adhiniyam, 2000) District-Shajapur (M.P.) as under:-

                                                    Conviction                                Sentence
                                                                                                  Imprisonment
                                         Session & Act               Imprisonment      Fine
                                                                                                   in lieu of fine
                                          420 of the IPC               5 years RI   Rs.2,000/-       6 months
                               6(1) of M.P. Nikshepako Ke Hito Ka
                                                                       5 years R.I. Rs.50,000/-      6 months
                                   Sanrakshan Adhiniyam, 2000

3 . Learned counsel for the appellant submits that appellant is pressing this application only on the basis that appellant has completed incarceration of more than 50% of the jail sentence and final hearing of the appeal is not possible in future therefore, prayer is made for suspension of jail sentence and grant of bail to the appellant.

4 . Learned Govt. Advocate for the respondent/State has opposed the Signature Not Verified Signed by: VARSHA SINGH Signing time: 06-10-2023 16:30:32

prayer of the appellant.

5. I have heard learned counsel for both the parties and perused the record.

6. Considering the facts and circumstances of the case coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.9832/2023 is allowed and the jail sentence of the appellant shall remain suspended.

8. It is directed that subject to depositing the fine amount, if already not deposited, appellant-Kedar Nagar shall be released on bail, on furnishing

personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 18.12.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

9. List for final hearing in due course.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 06-10-2023 16:30:32