Vinod vs The State Of Madhya Pradesh
2023 Latest Caselaw 14694 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 4312 of 2019
                                                  (VINOD Vs THE STATE OF MADHYA PRADESH)



                           Dated : 06-09-2023
                                 Ms. Swati Namdev, learned counsel for the appellant.

                                 Shri Hemant Sharma, learned G.A. for the respondent/State.

Heard on I.A. No.6876/2023, which is repeat second application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant-Vinod.

2. The trial Court has convicted the appellant vide judgment of conviction and order of sentence dated 27.06.2018 in S.T. No.119/2017 passed by the Additional Sessions Judge, Khategaon, District Dewas (M.P.) as under:- Session & Act Imprisonment Fine Imprisonment in lieu of fine

498-A of the IPC 3 years RI Rs.1,000/- 1 month Additional RI

506 of the IPC 1 year RI Rs.1,000/- 1 month Additional RI

307 of the IPC 10 years RI Rs.5,000/- 5 months Additional RI

3. Learned counsel for the appellant is praying only on the basis that appellant has completed more than half of the jail sentence. Appellant was in

custody from 30.03.2017. Further it is prayed that final hearing of this appeal is not possible in near future therefore, it is prayed that on the basis of the custodial period the remaining jail sentence of the appellant may be suspended and he may be granted bail.

4. On the other hand, learned Panel Advocate opposes the prayer made by the appellant and prays for its rejection.

5. I have heard learned counsel for both the parties and perused the

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 08-09-2023 10:40:02

record.

6. Considering the custodial period of the appellant coupled with the fact that the final hearing of this appeal is not possible in near future, therefore, without expressing any opinion on merits of the case, I.A. No.6876/2023 is allowed and the jail sentence of the appellant shall remain suspended.

7. It is directed that subject to depositing the fine amount, if already not deposited, appellant-Vinod shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 01.11.2023, and on

such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

8. List for final hearing in due course.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

ajit

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 08-09-2023 10:40:02