Deepak @ Deepu Parmar vs The State Of Madhya Pradesh
2023 Latest Caselaw 16660 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                         CRA No. 12236 of 2023
                                            (DEEPAK @ DEEPU PARMAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-10-2023
                                  Shri Pavan Kumar Vijaywargiya- Advocate for the appellant.

                                  Shri Rohit Shrivastava- Panel Lawyer for respondent/State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Heard on IA No.17765/2023, first application under Section 389(1) Cr.P.C. moved on behalf of the appellant seeking suspension of sentence and

grant of bail.

Appellant stands convicted under Section 363 of IPC and sentenced to undergo three years' RI with fine of Rs.3000/- with default stipulations vide judgment of conviction and sentence dated 11.09.2023 passed by Sessions Judge, District Sheopur (M.P.) in ST No.58 of 2020.

Learned Counsel for appellant submits that the impugned judgment passed by learned Trial Court is based on assumption, conjecture and surmises. The learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There

are material contractions and omissions in the evidence of witnesses. Applicant has undergone custody for almost one year. The appellant was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the appellant. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution o f remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 09-10-2023 06:01:25 PM

Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellant shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before

the Registry of this Court on 30.11.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.17765/2023 stands allowed and disposed of. List the matter for final hearing in due course. Certified copy as per rules

(SANJEEV S KALGAONKAR) JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 09-10-2023 06:01:25 PM