Pushpendra @ Moni Saraf vs The State Of Madhya Pradesh
2023 Latest Caselaw 16567 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 12529 of 2023
                                        (PUSHPENDRA @ MONI SARAF Vs THE STATE OF MADHYA PRADESH)

                          Dated : 07-10-2023
                                Shri Kaustubh Singh - Advocate for appellant.

                                Shri C.M.Tiwari - Government Advocate for the respondent/State.

Heard on IA No.24094 of 2023, an application for ignoring the default. On due consideration, the same is allowed. The default pointed out by the office is ignored.

Also heard on the question of admission.

Admit.

Let record of court below be called for.

Further heard o n I.A. No.23518/2023, this is the first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant.

The appellant has been convicted vide judgment dated 12/09/2023 passed b y Sessions Judge, Shahdol, District Shahdol in S.T. No.256/2019 for the offence punishable under Sections 325, 427 and 458 of IPC and sentenced to

undergo RI for 2 years with fine of Rs.5,000/-, sentenced to undergo RI for 6 months with fine of Rs.3,000/- & sentenced to undergo RI for 3 years with fine of Rs.5,000/-, for respectively offences with default stipulations.

Learned counsel for the appellant submitted that the trial Court has already suspended the jail sentence of the appellant till 12/10/2023. Learned trial Court has wrongly convicted the appellant for the aforesaid offence, hence he has prayed for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 10/9/2023 10:21:15 AM

O n the other hand, learned Government Advocate for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that the trial Court has already suspended the jail sentence of the appellants till 12/10/2023 and according to listing policy the hearing of this appeal will take time, the application i.e. IA No.23518 of 2023 is allowed and it is directed that the execution of the remaining jail sentence passed against appellant Pushpendra @ Moni Saraf shall remain suspended during the pendency of

this appeal and he be released on bail subject to depositing 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 surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 20/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

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

(ROOPESH CHANDRA VARSHNEY) JUDGE

sm

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 10/9/2023 10:21:15 AM