Sonu Yadav @ Sunna vs The State Of Madhya Pradesh
2023 Latest Caselaw 17659 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 6453 of 2023
                                           (SONU YADAV @ SUNNA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-10-2023
                                 Shri Sharad Prasad Badgaiyan - Advocate for the appellant.

                                 Shri Amit Bhurrak - Panel Lawyer for the respondent/State.

Heard on I.A.No.23978 of 2023 - the second application filed under Section 389(1) of CrPC for suspension of sentence and grant of bail on behalf of appellant Sonu Yadav @ Sunna. His earlier application was dismissed as

being not maintainable vide order dated 30.06.2023.

Vid e impugned judgment dated 01.04.2023 passed by the Seventh Additional Sessions Judge, Bhopal in S.T. No.436 of 2018. The appellant has been convicted for offence punishable under Section 329 of the IPC and sentenced to undergo R.I. for three years and to pay fine o f Rs.10,000/- and Section 25(1-B)B and sentenced to undergo R.I. for 01 year and to pay fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant submits that the appellant is falsely implicated in the case. He is in custody since 23.09.2023. The final hearing of

this appeal is not possible in near future. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for suspension of sentence. Hence, he prays for suspension of sentence and grant of bail.

Per-contra, counsel for the State has opposed the prayer but could not dispute the fact that conviction is for three years.

Considering the custody period and subject to verification of the fact that fine amount has already been deposited and there is no likelihood of early Signature Not Verified Signed by: SHALINI LANDGE Signing time: 10/20/2023 7:03:09 PM

disposal of the appeal in near future, this court is inclined to grant bail to appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on the merits, I.A.No. 23978 of 2023 is allowed and it is directed that the jail sentence of the appellant will remain under suspension subject to the verification that the amount of fine have been deposited, on the appellant furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Only) with one solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 08.01.2024 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course of time at its own turn. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

Sha

Signature Not Verified Signed by: SHALINI LANDGE Signing time: 10/20/2023 7:03:09 PM