Heeralal vs The State Of Madhya Pradesh
2023 Latest Caselaw 17249 MP

                                                                     1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          CRA No. 9929 of 2023
                                                  (HEERALAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-10-2023
                                  Shri Manoj Kumar Pandey - Advocate for appellant.

                                  Shri Dilip Shrivastava - Panel Lawyer for respondent/State.

Heard o n I.A. No.24383/2023, which 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 Heeralal Raikwar.

Appellant Heeralal Raikwar has been convicted vide judgment dated 06/07/2023 passed by First Additional Sessions Judge, Panna in S.T. No.19/2022 for commission of offence punishable under Section 120-B of IPC and sentenced to undergo RI for 4 years and to pay fine of Rs.40,000/- 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. During trial appellant remained in custody w.e.f. 29/11/2021 to 05/05/2022 and is in custody

since the date of judgment i.e. 06/07/2023. 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 sentence and release of the appellant on bail till final disposal of the appeal.

O n the other hand, learned Government Advocate for the respondent/State has opposed the prayer and prayed for dismissal of the above Signature Not Verified Signed by: ANURAG SONI Signing time: 17-10-2023 10:50:07

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 during trial appellant remained in custody w.e.f. 29/11/2021 to 05/05/2022 and is in custody since the date of judgment i.e. 06/07/2023 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 - Heeralal Raikwar shall remain suspended during the pendency of this appeal and he 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 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

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 17-10-2023 10:50:07