Arun Alias Anil Burman vs The State Of Madhya Pradesh
2023 Latest Caselaw 17943 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 7023 of 2018
                                    (ARUN ALIAS ANIL BURMAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 27-10-2023
                                 Shri Avnish Tiwari - Advocate for appellant.

                                 Shri D.K.Shrivastava - Government Advocate for respondent/State.

Heard o n I.A. No.9231 of 2020 which is the second application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant. First bail application was dismissed on 15.05.2019.

Appellant has been convicted vide judgment dated 20/07/2018 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Katni District - Katni in S.T.No.200118/2016 for commission of offence punishable under Sections366 (ka) and 376(2)(N) of the IPC and sentenced him to undergo R.I. for three years with fine of Rs.5,000/- and sentenced him to undergo R.I. for 10 years with fine of Rs.20,000/-, respectively with default stipulations.

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 is in

jail. 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 final disposal of the appeal.

On the other hand, learned counsel for the State opposed the prayer. Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence awarded to the appellant and the Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 28-10-2023 12:21:08

fact that the appellant is in jail and the fact that according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing 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 20/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

sm

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 28-10-2023 12:21:08