Anil vs The State Of Madhya Pradesh
2023 Latest Caselaw 17005 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 10823 of 2023
                                             (ANIL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-10-2023
                                   Shri Ahadulla Usmani - Advocate for appellants.

                                   Shri Dilip Shrivastava - Government Advocate for the respondent/State.

Heard on IA No.20311 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 appellants Anil Parteti and Naseeb @ Raja.

At the outset, learned counsel for the appellants prays for permission to withdraw I.A.No.20311 of 2023 so far as it relates to appellant No.2 Naseeb @ Raja.

Prayer is accepted.

Accordingly, I.A.No.20311 of 2023 is dismissed as withdrawn so far as it relates to appellant No.2 Naseeb @ Raja.

Appellant No.1 stood convicted under Sections 201 of the IPC and sentenced him to undergo R.I. for 5 years with fine of Rs.1,000/- with default stipulations vide judgment of conviction and order of sentence dated

02/08/2023 passed by Sessions Judge, Chhindwara in Sessions Trial No.82/2021.

Learned counsel for the appellant No.1 while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence wrongly convicted the appellant No.1 for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. The appellant No.1 is in custody since 25/05/2021, thus he has remained in custody for more than two years. This appeal is of the year 2023 Signature Not Verified Signed by: ANURAG SONI Signing time: 13-10-2023 11:27:04

and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant No.1 for suspension of sentence and grant of bail may be considered.

P e r contra, learned Government Advocate appearing for the respondent/State while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the appellant No.1 should not be suspended.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant No.1 and the fact that the appellant No.1 is in custody

since 25/05/2021, so he has already suffered more than two years custodial sentence and according to listing policy the hearing of this appeal will take time, IA No.20311 of 2023 allowed with respect to appellant No.1 Anil Parteti and it is directed that the jail sentence of appellant No.1 shall remained suspended during pendency of this appeal and he be released on bail on his depositing fine amount, if not already deposited and upon 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 for his appearance before the trial Court first on 18/12/2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 13-10-2023 11:27:04