Baldev Soni vs The State Of Madhya Pradesh
2023 Latest Caselaw 14482 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRR No. 4259 of 2022
                                              (BALDEV SONI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-09-2023
                                 Shri Alok Vagrecha - Advocate for the applicant.

                                 Shri Akhilendra Singh - Government Advocate for the respondent/State.

Heard on admission.

The appeal is admitted for final hearing. Record of the trial Court has been received.

Also heard on I.A. No. 23723/2022, which is an application for taking additional document on record.

For the reasons mentioned in the application, the same is allowed. Also heard on IA No.20890/2023, an application under Section 389(1) read with Section 401 of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant Baldev Soni arising out of judgment dated 27.10.2022 delivered in CRA No.29/2018 passed by 7th Additional Sessions Judge, Katni, District-Katni.

The applicant has been convicted under Section 409 of IPC and

sentenced to undergo R.I. for 2 years with fine of Rs.6000/- wit h default stipulation.

Learned counsel for the applicant submits that learned appellate Court has wrongly convicted and sentenced the appellant. Applicant is about 76 years old and he is suffering from various ailments, including osteoarthritis in both the knees. There is no evidence to connect the appellant with the alleged offence. Final hearing of this appeal is not possible in near future. Thus, it is prayed that remaining jail sentence of the appellant may be suspended. Signature Not Verified Signed by: ROSHNI SINGH Signing time: 9/5/2023 2:11:03 PM

The prayer is opposed by learned counsel for the State. Considering the over all ailments and over all evidence on record including the age of the appellant and coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.20890/2022 is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant Baldev Soni is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one

solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial court Katni District Katni on 30.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. C.C. today.

(ACHAL KUMAR PALIWAL) JUDGE R

Signature Not Verified Signed by: ROSHNI SINGH Signing time: 9/5/2023 2:11:03 PM