Harsh Kaithoriya vs The State Of Madhya Pradesh
2024 Latest Caselaw 21011 MP

Madhya Pradesh High Court

Harsh Kaithoriya vs The State Of Madhya Pradesh on 2 August, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                                 1                                 CRA-6342-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         CRA No. 6342 of 2024
                                              (HARSH KAITHORIYA Vs THE STATE OF MADHYA PRADESH )



                         Dated : 02-08-2024
                                Shri Hakim Khan - Advocate for appellant.
                                Ms. Tulsa Koshta - Panel Lawyer for 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.12700/2024, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant has been convicted for the offence punishable under Section 307 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.2000/- with default stipulation.

Learned counsel for the appellant submits that the maximum jail sentence of appellant is of 5 years R.I. 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 prayed for its rejection.

Heard counsel for the parties, perused the judgment and record of the

2 CRA-6342-2024 Court below.

Having considered these facts, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It 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 11.11.2024 and on such other dates as may be fixed in this regard during pendency of this

appeal.

Accordingly, the aforesaid application stands allowed and disposed of. List this criminal appeal for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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