Leeladhar vs The State Of Madhya Pradesh
2023 Latest Caselaw 17857 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 8644 of 2023
                                               (LEELADHAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-10-2023
                                 Shri Pramod Singh Tomar with Shri Arzoo Ali - 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.16647/2023, 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 - Leeladhar.

The appellant has been convicted vide judgment dated 01.07.2023 passed by Upper Session Judge, Deori, District Sagar (M.P.) in S.T. No.11/2019 and appellant has been found guilty for commission of offence punishable under Section 326 of IPC and sentenced to undergo RI for 05 years and to pay fine of Rs.10,000/- 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. It is submitted that compromise has taken place between the parties and the complainant has no objection if the appellant is released on bail. It is further submitted that 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 Signature Not Verified Signed by: PRIYANKA PITHAWE Signing time: 10/27/2023 12:08:29 PM

disposal of the revision.

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

In view of the fact that parties have entered into compromise and an application having No Objection for grant of bail to the appellant has already been filed by the complainant as well as looking to the facts and circumstances of the case, contention of learned counsel for the appellant 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 -Leeladhar Yadav shall remain suspended during the pendency of this appeal and he b e 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 12:08:29 PM