Nitesh Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 16631 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 12759 of 2023
                                              (NITESH PANDEY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-10-2023
                                  Shri Lalji Kushwaha - Advocate for the appellant.

                                  Shri Aditya Choubey - Government Advocate for the respondent/State.

Heard on admission.

Admit.

Let record of the Court below be requisitioned.

Also heard on I.A.No.23942 of 2023, which is the first application under Section 389 (1) of the Cr.P.C. for suspension of custodial sentence passed against appellant and release him on bail.

The appellant has been convicted vide judgment dated 15/09/2023 passed by Second Additional Sessions Judge to the Court of First Additional Sessions Judge, Bhopal in S.T. No.71/2013 for the offence punishable under Sections 120-B read with Section 467, 468, 471 of the IPC and sentenced her to undergo R I for three years with fine of Rs.3,000/-, R.I. for three years with fine of Rs.3,000/- and R.I. for three years with fine of Rs.3,000/- respectively with

default stipulations.

Learned counsel for the appellant submitted that the trial Court has already suspended the jail sentence of the appellant till 14/10/2023. Learned trial Court has wrongly convicted the appellant for the aforesaid offence, hence he has prayed for suspension of jail sentence and release the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Government Advocate for the respondent/State has opposed the prayer and prayed for dismissal of the above Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/10/2023 11:15:20 AM

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 appellant till 14/10/2023 and according to listing policy the hearing of this appeal will take time, application i.e. IA No.23942 of 2023 is allowed and it is directed that the execution of the remaining jail sentence passed against appellant Nitesh Pandey 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.25,000/- (Rs. twenty five

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

as

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/10/2023 11:15:20 AM