Kailash vs The State Of Madhya Pradesh
2023 Latest Caselaw 17628 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         CRA No. 12756 of 2023
                                                (KAILASH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-10-2023
                                 Shri Anshu Gupta - Advocate for the petitioner.

                                 Shri Dinesh Savita - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Also heard on IA No. 18611/2023 , first application under Section 389(1) Cr. P.C. moved on behalf of the appellant seeking suspension of

sentence and grant of bail.

Appellant stands convicted under Section 420 of IPC and sentenced to undergo three years' RI with fine of Rs.1000/- with default stipulation vide judgment of conviction and sentence dated 14.09.2023 passed by Fourth Additional Sessions Judge, District Vidisha in Special ST No. 13/2019.

Learned Counsel for appellant submits that the learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. The appellant was on bail during

trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the appellant. The jail sentence of appellant was suspended by learned trial Court, under Section 389(3) of the Cr.P.C. There is n o likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 20-10-2023 06:20:09 PM

application and prayed for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellant shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 01.12.2023 and on further dates as may be

directed by the Registry in that regard.

Accordingly, I.A. No.18611/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 20-10-2023 06:20:09 PM