Neelesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16894 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 8948 of 2023
                                                (NEELESH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-10-2023
                                Shri Ashish Kumar Kurmi - Advocate for appellant.

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

Heard on admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on IA No.18780 of 2023, which is the first application under

Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant Neelesh. Appellant is in jail.

Appellant stood convicted under Section 307 of the IPC and sentenced to suffer R.I. for five years with fine of Rs.2000/- and Section 323 of the IPC and sentenced to suffer R.I. for three months with fine of Rs.500/- with default stipulations vide judgment of conviction and order of sentence dated 26.06.2023 passed by 8th Additional District Judge, Sagar District Sagar in S.T.No.118 of 2021.

Learned counsel for the appellant while seeking suspension of sentence

inter alia submitted that the trial Court without appreciating the evidence wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Appellant is in jail. Appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered.

Per contra, Shri Tiwari, learned Government Advocate while opposing the prayer, supported the judgment impugned. He contends that judgment Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 12-Oct-23 10:12:15 AM

impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the appellant should not be suspended.

Upon hearing learned counsel for the parties though this Court refrain from commenting upon rival contentions touching merits of the matter and the appeal is of the year 2023 and there is no likelihood early hearing of the appeal in near future, in the obtaining facts and circumstances, present appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.18780 of 2023 stands allowed and it is directed that the jail sentence of appellant-Neelesh shall remained suspended and he be released on bail on his furnishing a 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 the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 21/12/2023 and on other subsequent dates as may be fixed in this behalf.

Accordingly, I.A.No. 18780 of 2023 stands allowed and disposed of. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE DPS

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 12-Oct-23 10:12:15 AM