Ganesh Joshi vs The State Of Madhya Pradesh
2024 Latest Caselaw 3168 MP

Madhya Pradesh High Court

Ganesh Joshi vs The State Of Madhya Pradesh on 2 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 1690 of 2024
                                              (GANESH JOSHI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-02-2024
                                 Shri Ajay Raghuwanshi, Advocate for the appellant.

                                 Shri Dinesh Savita, Public Prosecutor for the respondent - State.

Heard on I.A.No. 2364 of 2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant with an alternative prayer for grant of temporary bail as record has not been received.

The appeal has been preferred by the appellant under Section 374 of the

Cr.P.C. against the impugned judgment of conviction and sentence dated 18.01.2024 passed by Special Judge SC/ST (P.A.) Act, 1989, Guna (M.P.) in SST No. 25/2019 whereby, appellant has been convicted and sentenced under Section 354(2) of IPC to undergo rigorous imprisonment of one year with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant argued that the Court below has wrongly appreciated the evidence and convicted the appellant. There are material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that the jail sentence of the appellant has already

been suspended by the trial Court for a period of one month from the date of judgment. This criminal appeal is likely to take long time to come up for final hearing and appellant has hope and believe that he would succeed, therefore, prayed to suspend the jail sentence of the appellant till record is received.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Considering the arguments advanced by learned counsel for the parties,

without commenting on merits of the case, it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond by in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain temporarily suspended for a period of two months from today and he be released on bail.

List the case on 04.03.2024.

Meanwhile, Registry is directed to call the record of the Court below. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

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