Harsh Kumar Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 17163 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 12793 of 2023
                                          (HARSH KUMAR YADAV Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-10-2023
                                Shri Sunil Mishra - Advocate for appellant.

                                Shri Akhilendra Singh - Government Advocate for respondent/State.

Heard on the question of admission.

Admit.

Let record of court below be called for.

Also heard o n I.A. No.24019/2023, this is the first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Harsh Kumar Yadav.

The appellant has been convicted vide judgment dated 12/09/2023 passed b y First Additional Sessions Judge to the Court of First Additional Sessions Judge, Seoni in S.T. No. 38/2018 for commission of offence punishable under Sections 420, 467, 468 and 471 of IPC and sentenced to undergo RI for 1 year, 2 years, 1 year and 1 year and to pay fine of Rs.500/-, Rs.1000/-, Rs.500/- and Rs.500/- respectively for each of offence 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. Custodial sentence of appellant has already been suspended by trial Court since till 11/11/2023. 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 circumstances, learned counsel for appellant prays for suspension of jail Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 13-Oct-23 5:18:29 PM

sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned 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, the short sentence of the appellant and the fact that the custodial sentence of appellant has already been suspended by trial Court since 11/11/2023 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-Harsh Kumar Yadav 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

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