Kailash Kushwaha vs The State Of Madhya Pradesh
2024 Latest Caselaw 21295 MP

Madhya Pradesh High Court

Kailash Kushwaha vs The State Of Madhya Pradesh on 6 August, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                            1                                 CRA-6303-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 6303 of 2024

(KAILASH KUSHWAHA Vs THE STATE OF MADHYA PRADESH )

Dated : 06-08-2024 Shri Shivendra Shukla - Advocate for the appellant. Ms. Samta Jain - Panel lawyer for the State.

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.12601/2024, which is the first application under

Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.

The appellant has been convicted under Section 326 of IPC and sentenced to undergo RI for 3 years with fine of Rs.5,000/- 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 offence. Sentence of appellant was suspended by the trial Court till 09.06.2024 which was extended by this Court till 09.08.2024. 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.

On the other hand, learned counsel for the State has opposed the

2 CRA-6303-2024 application and prays for its rejection.

Heard counsel for the parties and perused the record. 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 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 surety each 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 12.11.2024 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 for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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