Sunil @ Lefti vs The State Of Madhya Pradesh
2023 Latest Caselaw 17849 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 8233 of 2023
                                         (SUNIL @ LEFTI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 26-10-2023
                                  Shri Dharmendra Kumar Shah - Advocate for the appellant.

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

Heard on the question of admission.

This appeal is admitted for final hearing. Also, heard on I.A. No.15237/2023, this is the Firs t application for

suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant - Sunil @ Lefti.

The appellant has been convicted vide judgment dated 09-05-2023 passed by Special Judge, District Betul (M.P.) in S.T. ATR No.125/2018 and appellant has been found guilty for commission of offence punishable under Sections 457 and 354 of IPC read with Section 3(2)(V-a) of SC/ST Act and sentenced to undergo RI for 02 years each and to pay fine of Rs.100/- with usual 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 more than half of 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 the revision. Signature Not Verified Signed by: PRIYANKA PITHAWE Signing time: 10/27/2023 12:06:52 PM

On the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellant and prays for rejection of said application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that the appellant has already served more than half of custodial sentence and according to listing policy the hearing of this appeal will take time, the application is allowed.

It is directed that the execution of the remaining jail sentence passed against appellant - Sunil @ Lefti 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 22/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

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

(ROOPESH CHANDRA VARSHNEY) JUDGE

Priya.P

Signature Not Verified Signed by: PRIYANKA PITHAWE Signing time: 10/27/2023 12:06:52 PM