Vinod vs The State Of Madhya Pradesh
2023 Latest Caselaw 15946 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1553 of 2023 (VINOD Vs THE STATE OF MADHYA PRADESH)

Dated : 26-09-2023 Shri Manish Datt - Senior Advocate with Shri Siddharth Bendel -

Advocate for the appellant.

Shri Dinesh Patel - Deputy Government Advcoate for the State.

Heard on I.A. No.2179 of 2023, which is an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant

arising out of judgment dated 16.01.2023 delivered in S.C. No.93/2021 by the Second Additional Sessions Judge, Ashta District Sehore.

T h e appellant has been convicted under Section 363 of IPC and sentenced to undergo RI for 7 years with fine of Rs.5,000/- with default stipulation.

Learned senior counsel for the appellant submits that the learned Trial Court has acquitted the appellant for the offences under Section 364-A and 120-B of IPC for which appellant was charged and has instead convicted appellant under Section 363 of IPC. As per scheduled-I of Cr.P.C., offence

under Section 363 of IPC is bailable, therefore, in view of the Section 389 (3) of Cr.P.C., learned trial court itself should have suspended the sentence and released appellant on bail for a specified period to get suspension order from appellate Court. Offence under Section 363 is not made out. Appellant was in jail during trial for 413 days and now he is in jail since 16.01.2023. Therefore, it is prayed that the remaining jail sentence of appellant may be suspended and he be released on bail.

Learned Panel Lawyer for the State, on the other hand, has opposed the Signature Not Verified Signed by: ROSHNI SINGH Signing time: 9/27/2023 11:49:25 AM

application.

Therefore, in view of overall testimonies on record, and in the facts and circumstances of the case, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, aforesaid I.A.2179/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of appellant is hereby suspended and it is directed that the appellant Vinod be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial Court, on 20.12.2023 and also on such

other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules

(ACHAL KUMAR PALIWAL) JUDGE

R

Signature Not Verified Signed by: ROSHNI SINGH Signing time: 9/27/2023 11:49:25 AM