Kalicharan vs The State Of M.P.
2023 Latest Caselaw 18139 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                           CRA No. 388 of 1999
                                                         (KALICHARAN Vs THE STATE OF M.P.)

                           Dated : 31-10-2023
                                    Shri Priyank Khandelwal - Advocate for appellant.

                                    Ms. Shanti Tiwari - Panel Lawyer for respondent/State.

Heard on I.A. No.25098/2023, this is the repeat (third application for suspension of sentence and grant of bail filed under Section 389 of Cr.P.C. on behalf of appellant -Kalicharan.

Earlier applications of appellant were were allowed and dismissed by this Court.

The appellant has been convicted vide judgment dated 29/01/1999 passed by Sessions Judge, Hoshangabad in S.T. No. 38/1998 and appellant has been found guilty for commission of offence punishable under Section 307 of IPC and sentenced to undergo RI for 3 years and to pay fine of Rs.1,000/- with usual default stipulations.

Learned counsel for the appellant submits that earlier the application for suspension of custodial sentence and grant of bail of appellant has been allowed

by this Court, vide order dated 12/02/1999 however, later on due to death of previous counsel for appellant, appellant did not get information about marking his presence before the trial Court and in consequence thereof, non- bailable warrant was issued against him, vide order dated 01/02/2023 and in compliance of said order, appellant was produced before this Court on 01/03/2023 and since then he 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 Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:11:30 PM

appellant1 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 appeal.

O n the other hand, learned Panel Lawyer has opposed the contention rais ed by learned counsel for appellant and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case, contention of learned counsel for the appellant coupled with the fact that earlier application of appellant was allowed by this Court, vide order dated 12/02/1999, however, later on due to death of arguing counsel, he could not mark his presence before

the trial Court and he is in jail since 01/03/2023 and 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 -Kalicharan 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

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:11:30 PM