Chotelal Rajput vs The State Of Madhya Pradesh
2024 Latest Caselaw 4068 MP

Madhya Pradesh High Court

Chotelal Rajput vs The State Of Madhya Pradesh on 12 February, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 13668 of 2023
                                           (CHOTELAL RAJPUT Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-02-2024
                                Shri J. K. Dixit - Advocate with the appellant.

                                Shri Manoj Kushwaha -Panel Lawyer for the respondent /State.

Appellant is present in person.

He is exempted from further appearance before this Court. Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima facie, this appeal seems to be arguable. Hence admitted for final hearing.

Heard on I.A. No.25727/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the appeal.

Appellant has been convicted for commission of offence under Sections 458 and 459 of IPC and has been sentenced to undergo R.I. for 03-03 years

and fine of Rs.3000/- - Rs.3000/- with default stipulation vide judgment dated 11.10.2023 delivered by Additional Sessions Judge, Luvkushnagar, District Chhatarpur in S.T.No.288/2017 (State of M.P. Vs. Chhotelal Prajapati).

Learned counsel for appellant submits that appellant has not committed any offence. He has been erroneously convicted by learned trial Court. It is submitted that in the course of trial appellant was on bail. He has not misused the liberty granted by way of bail during trial. Even after conviction and passing of order of jail sentence, learned trial Court itself had suspended the jail

sentence of the appellant till 11.11.2023. Thereafter, this Court vide its order dated 8.11.2023 extended the suspension of jail sentence till 11.12.2023. The appellant has fair chance to succeed in the appeal. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. Therefore, if the execution of jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellant be suspended and he be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.25727/2023 is allowed. The execution of jail sentence of appellant - Chotelal Rajput is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty 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 trial Court on 8.7.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra