Madhya Pradesh High Court
Mihilal Kirar vs The State Of Madhya Pradesh on 12 September, 2023
Author: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8121 of 2023
(MIHILAL KIRAR Vs THE STATE OF MADHYA PRADESH)
Dated : 12-09-2023
Shri Ashish Kumar Kurmi - Advocate for the appellant.
Shri Ram Girish Verma - 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.14940/2023 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 326 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: VINOD SHARMA
Signing time: 9/14/2023
12:13:56 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 19.12.2023 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
Vin**
Signature Not Verified
Signed by: VINOD SHARMA
Signing time: 9/14/2023
12:13:56 PM
