Khushiram Chourasiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 17620 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 10059 of 2023
                                           (KHUSHIRAM CHOURASIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-10-2023
                                  Shri Sourabh Shrivastava - Advocate for the appellant.

                                  Shri Prasannjeet Chatterjee - Panel Lawyer for the State.

                                  Reserved on             : 16.10.2023
                                  Pronounced on           : 20.10.2023

                                  Arguments of counsels for the parties are heard at length.

                                  Judgment and record of the Court below perused.
                                                                ORDER

Record has already been received.

Heard on admission.

Appeal seems to be arguable, hence admitted for final hearing. Heard on I.A. No.18968/2023, which is the first application filed on behalf of the appellant for suspension of sentence and grant of bail.

The appellant has been convicted under Section 436 of IPC and sentenced to undergo R.I. for 03 years with fine of Rs.2,000/-, with default

stipulation.

Learned counsel for the appellant submits that the jail sentence of appellant was suspended by the trial court till 26.08.2023 as mentioned in the application. Thereafter, this court vide order dated 10.08.2023 has extended the period of bail of appellant from 26.08.2023 to 26.10.2023. The appellant was on bail during trial and he did not misuse the liberty granted to him and also the appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 10/20/2023 7:29:04 PM

imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

O n the other hand learned counsel for the State has opposed the contentions raised by the counsel for the appellant and prayed for its rejection.

Heard learned counsel for the parties and perused the record and judgment of the Court below.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this

application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 21.12.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the I.A. stands allowed and disposed of. List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

rv

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 10/20/2023 7:29:04 PM