Veer @ Veer Kumar Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 15712 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                              CRA No. 8485 of 2023
        (VEER @ VEER KUMAR PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 23-09-2023
      Shri Pravesh Naveriya - Advocate for the appellant.

      Shri Y. D. Yadav - Government Advocate for respondent no.1-State.

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.15803/2023, 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 323 (on two counts) of IPC and sentenced to undergo R.I. for six months with a fine of Rs.500/- on both counts, Section 3(1)(r) of SC/ST Act and sentenced to undergo R.I. for six months with a fine of Rs.500/- and Section 3(2)(v-a) (on two counts) of SC/ST Act and sentenced to undergo R.I. for six months and a fine of Rs.500/- on both counts, with default stipulations.

Learned counsel for the appellant submits that the jail sentence of

appellant was suspended by the trial court till 26.7.2023 (as mentioned in the application). Thereafter, this court vide order dated 25.7.2023 has extended the period of bail of appellant from 26.7.2023 to 26.9.2023. The maximum jail sentence of appellant is of six months and he was on bail during trial and he did not misuse the liberty granted to him and also 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 bail application and prays for its rejection.

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

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentences awarded to the appellant under the impugned judgment deserve to be suspended. Therefore, without commenting on the merits 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 solvent 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 28.11.2023 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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Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.09.25 10:28:21 +05'30' Adobe Reader version: 11.0.8