Kamlesh Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14803 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                                 CRA No. 8515 of 2023
                      (KAMLESH SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 08-09-2023
       Shri Rajesh Sen - Advocate for appellant.

       Shri A.R. Ben - Deputy Government Advocate for State.

       Reserved on                  : 02.09.2023
       Pronounced on                : 08.09.2023
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       Arguments of both the counsel for the parties are heard at length.
       Judgment and record of the Court below perused.
                                        ORDER

Heard on admission.

The appeal appears to be arguable hence, admitted for final hearing. Also heard on I.A No.15856/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.

The appellant has been convicted for offence punishable under Section

201 of IPC and sentenced to undergo R.I. for 5 years and fine of Rs.1,000/-, 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. Appellant has been granted bail by the trial Court till 28.07.2023, 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.

On the other hand, learned counsel for the State has opposed the application and prays for its rejection.

Heard counsel for the parties and perused the record. Looking to the o ver all facts and circumstances of the case and the evidence available on record as well as the grounds raised about infirmities in its appreciation, I find 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 trial Court concerned on 04.12.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A No.15856/2023 stands allowed and disposed of.

List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

rv Digitally signed by REENA HIMANSHU SHARMA Date: 2023.09.09 13:52:28 +05'30'