Jitendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 14609 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3964 of 2016 (JITENDRA Vs THE STATE OF MADHYA PRADESH)

Dated : 05-09-2023 Shri Jitendra Gauram - Advocate for appellant.

Ms. Seema Jaiswal - Panel Lawyer for the State.

Heard on I.A.No.18560/2023 which is s e c o nd application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.

T h e appellant has been convicted for an offence punishable under Section 326 of IPC and sentenced to undergo RI for 3 years and fine of Rs.5,000/-, with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence. The maximum jail sentence of appellant is three years. The appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall

abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

Learned counsel for the State has opposed the application and prays for its rejection.

Heard learned counsel for the parties and perused the judgment and record of the court below.

On perusal of the record, it appears that on 06.01.2017, this Court had Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/6/2023 2:52:46 PM

allowed the application of appellant for suspension of sentence, but later the appellant committed breach by not appearing before the Court. Hence, an order was made to summon him through arrest warrant.

Looking to the over all facts and circumstances of the case, this Court finds it to be a fit case to suspend the jail sentence of the appellant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of

the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the Registry of this Court on 21.11.2023 and on such other dates as may be fixed by the Registry of this Court in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/6/2023 2:52:46 PM