Citation : 2023 Latest Caselaw 17868 MP
Judgement Date : 26 October, 2023
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 13100 of 2023 (SHREERAM @ SHREESINGH LODHI Vs THE STATE OF MADHYA PRADESH)
Dated : 26-10-2023 Shri D.S.Lodhi - Advocate for the appellant.
Ms. Shanti Tiwari - Panel Lawyer for the State.
Heard on admission.
Admit.
Let the record of the Court below be requisitioned.
Heard on I.A.No.25597/2023 which is first application under Section 389 (1) CrPC for suspension of custodial sentence of the appellant Shreeram @ Shree Singh Lodhi.
Appellant has been convicted under Section 326 of IPC and sentenced to undergo RI for two years with fine Rs.500/- vide impugned judgment dated 06.10.2023 passed in ST No.563/2022 by Sessions Judge, District Sagar.
It is submitted by the counsel for the appellant that the trial Court has itself suspended the sentence of the appellant till 06.11.2023. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal
being taken up for final hearing. Under such circumstances, sentenced of the appellants may be suspended.
Learned counsel appearing for the State has supported the impugned judgment and opposed the application for suspension of sentence.
Having regard to the nature of allegation made against the appellant and other facts and circumstances of the case but without commenting on merits of the case, I.A.No.25597/2023 is allowed.
It is directed that on deposit of entire fine amount (if not already Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/27/2023 10:37:04 AM
deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 18.12.2023 and on all subsequent dates as may be fixed by the trial Court in that regard, the execution of substantial jail sentence imposed on appellant shall remain suspended, till final disposal of this appeal.
Let the appeal be listed for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY) JUDGE
anand
Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/27/2023 10:37:04 AM
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