Nihal Singh Kushwah vs The State Of Madhya Pradesh
2024 Latest Caselaw 21465 MP

Madhya Pradesh High Court

Nihal Singh Kushwah vs The State Of Madhya Pradesh on 7 August, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1                               CRA-4841-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 4841 of 2024
                                         (NIHAL SINGH KUSHWAH Vs THE STATE OF MADHYA PRADESH )



                          Dated : 07-08-2024
                                Shri Purushottam Rai - Advocate for the appellant.

                                Shri Dinesh Savita - Public Prosecutor for respondent/State.

The appeal being arguable is admitted for final hearing. Heard on I.A.No.7658 of 2024 , first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal under Section 374 of Cr.P.C., 1973 assails the judgment dated 05.04.2024 passed by the First Additional Session Judge, Datia, District Datia in ST No.16 of 2020 whereby, appellant has been convicted under Section 333 of IPC to undergo three years RI with fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. Further submission is that there are material omissions and contradictions in the statement of the prosecution witnesses. The appellant

has already served four months of incarceration out of total jail sentence awarded to him. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Per contra, learned Public Prosecutor for respondent/State opposed the application and prayed for its rejection.

Head learned counsel for the rival parties and perused the record.

2 CRA-4841-2024 Considering the facts and circumstances of the case, but without expressing any opinion on the merits of the case I.A.No. 7658 of 2024 is allowed and the sentence of appellant shall remain suspended subject to payment of fine amount and on furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) along with one solvent surety in the like amount to the satisfaction of the trial Court.

The appellant shall appear before the Office of this Court on 09.12.2024 and other dates as may be fixed by this Office in this regard from time to time till final disposal of the instant appeal.

List the case for final hearing in due course .

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AK/-