Kailash vs The State Of Madhya Pradesh
2023 Latest Caselaw 17944 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3939 of 2022 (KAILASH Vs THE STATE OF MADHYA PRADESH)

Dated : 27-10-2023 Shri Hitendra Singh - Advocate for the appellant.

Shri Anoop Sonkar - Panel Lawyer for the State.

Heard on IA No.5230/2023 which is second application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Kailash. First application has been dismissed for want of prosecution

vide order dated 18.01.2023.

Applicant has been convicted under Sections 324/34, 323/34 and 323/34 of IPC and sentenced to undergo RI for 06 months with fine of Rs.1000/- and sentenced to undergo RI fo r04 months with fine Rs.500/- and sentenced to undergo RI for 04 months with fine Rs.500/-, respectively with default stipulation vide judgment dated 08.03.2022 passed in S.T. No.1800565/2013 by Sixteenth Additional Sessions Judge, District Jabalpur (M.P.).

It is submitted by the counsel for the appellant that the appellant is in jail. It is further submitted that appeal is of the year 2022 and there is no likelihood

of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case; the appeal is of the year 2022 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.5230/2023 stands allowed and it is directed that the Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 28-10-2023 12:26:59

jail sentence of appellant shall remained suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 20.12.2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

sm

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 28-10-2023 12:26:59