Rajesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14925 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        CRA No. 7868 of 2023
                                                 (RAJESH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-09-2023
                                Shri Santosh Sahu - Advocate for appellant.

                                Shri Prasannjeet Chatterjee - Panel Lawyer for the respondent/State.

Record of the Court below has been received. Heard on admission.

This appeal is admitted for final hearing.

Also heard on I.A.No.14336/2023 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.

T h e appellant has been convicted for the offences punishable under Section 363 of IPC and sentenced to undergo RI for 3 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 offences. The maximum jail sentence of appellant is three years. The appellant was on bail during trial and he did not misuse the liberty granted to him and 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 Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/12/2023 2:18:37 PM

its rejection.

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

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, 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 trial Court concerned on 30.11.2023 and on such other dates as may be fixed 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: 9/12/2023 2:18:37 PM