Dipesh @ Bholu vs The State Of Madhya Pradesh
2023 Latest Caselaw 14649 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 11167 of 2023
                                           (DIPESH @ BHOLU Vs THE STATE OF MADHYA PRADESH)

                         Dated : 05-09-2023
                               Shri Rahul Kumar Tripathi - Advocate for the appellant.

                               Shri C.M. Tiwari - Government Advocate for the respondent/State.

Heard on admission.

The appeal is admitted for final hearing. Record of the Court below be requisitioned.

Also heard on I.A.No.20975 of 2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 21.08.2023 delivered in S.T. No.201099/2016 by First Additional Session Judge, Lakhnadon, District-Seoni.

The appellant has been convicted under Sections 325 (in two counts) of IPC and sentenced to undergo R.I. for 2 years within fine of Rs.2,000/- (In two counts), and under Section 323 of the IPC and sentenced to R.I. for 6 months with fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant submits that trial Court has suspended

the sentence of the appellants till 20.09.2023. They were on bail during trial. 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.

The prayer is opposed by learned counsel for the State. Considering the short sentence 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, aforesaid I.A. is allowed. Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/6/2023 10:20:09 AM

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed that appellant Dipesh @ Bholu 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 concerning trial court on 21.11.2023 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. Certified copy as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

vai

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/6/2023 10:20:09 AM