Shivam Namdeo vs The State Of Madhya Pradesh
2023 Latest Caselaw 15021 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5125 of 2023 (SHIVAM NAMDEO Vs THE STATE OF MADHYA PRADESH)

Dated : 12-09-2023 Md. Saurabh Shrivastava- Advocate for appellant.

Mr. Raghuwar Prajapati - Panel Lawyer for 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.7951 of 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 420/120 IPC and sentenced to undergo RI for 7 years with fine of Rs.10,000/- with default stipulations.

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 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 vehemently opposed the application and prays for its rejection.

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 9/14/2023 3:15:08 PM

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 21.11.2023 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

DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 9/14/2023 3:15:08 PM