Koushal @ Koushal Prasad Sen vs The State Of Madhya Pradesh
2023 Latest Caselaw 17148 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 1553 of 2020
                                     (KOUSHAL @ KOUSHAL PRASAD SEN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-10-2023
                                Shri R.P. Sharma - Advocate for appellant.

                                Shri D.P. Patel - Deputy Government Advocate for respondent/State.

Heard on the question of admission.

Admit.

Also heard o n I.A. No.16105/2022, this is repeat (second) application

for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Kaushal @ Kaushal Prasad Sen.

Earlier application for suspension of custodial sentence and grant of bail has been dismissed as dismissed as withdrawn by Coordinate Bench vide order dated 23/03/2022.

The appellant has been convicted vide judgment dated 28/01/2020 passed by Special Judge (SC/ST(PA) Act, 1989), Katni ni in SCATR No. 119/2018 for commission of offence punishable under Section 37666(2)(I) of IPC and sentenced to undergo R I for 10 years and to pay fine o f Rs.10,000/- with

usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. Appellant has already served out more than half of custodial sentence. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 13-Oct-23 5:18:29 PM

circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

On the other hand, learned Deputy Government 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 and the fact that the appellant has already served out more than half of custodial sentence and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant-Kaushal @ Kaushal Prasad Sen. shall remain suspended during the pendency of this

appeal and they 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 separate 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

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 13-Oct-23 5:18:29 PM