Pawan vs The State Of Madhya Pradesh
2023 Latest Caselaw 18142 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 1959 of 2019
                                                  (PAWAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-10-2023
                                 Ms.Anita Kaithwas - Advocate for appellant.

                                 Shri Anoop Sonkar - Panel Lawyer for respondent/State.

Heard o n I.A. No.24518/2023, t h is 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-Pawan. Earlier first bail application was dismissed as

withdrawn vide order dated 30.07.2019.

The appellant has been convicted vide judgment dated 30.01.2019 passed b y Ist Additional Sessions Judge, Pipariya District - Hoshangabad in S.T. No.80/2017 and appellant has been found guilty for commission of offence punishable under Sections 307, 333 and 353 of IPC and sentenced to undergo RI for 10 years with fine of Rs.5000/-, sentenced to undergo RI for 04 years with fine of Rs.1000/- and sentenced t o undergo RI for 1 year with fine of Rs.1000/- with usual 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 for more than six years. 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 the final disposal of the appeal.

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 02-11-2023 10:39:44

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 facts and circumstances of the case 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 appellant Pawan 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 solvent 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 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

sm

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 02-11-2023 10:39:44