Shiv Pratap Kewat vs The State Of Madhya Pradesh
2023 Latest Caselaw 17548 MP

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 6735 of 2023
                                             (SHIV PRATAP KEWAT Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                  Shri Himanshu Tiwari - Advocate for appellant.

                                  Smt. Shakti Tripathi - Panel Lawyer for respondent/State.

Heard on I.A. 11200/2023, 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-Shiv Pratap Kewat.

The appellant has been convicted vide judgment dated 03.11.2022 passed b y Second Additional Sessions Judge, Kotma, District Anuppur in S.T. No.19/2018 and appellant has been found guilty for commission of offence punishable under Section 307/34 of IPC and sentenced to undergo RI for 10 years and to pay fine of Rs.500/- with default stipulation.

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. The appellant has already suffered nearly half of the 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 circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of this appeal.

O n the other hand, learned Panel Lawyer has opposed the contention rais ed by learned counsel for appellant and prays for rejection of said application.

Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/20/2023 10:28:33 AM

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that the appellant has served nearly 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-Shiv Pratap Kewat shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire 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 in this regard during the pendency of this appeal.

List the appeal for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

b

Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/20/2023 10:28:33 AM