Kunal Jaiswal @ Sonu vs The State Of Madhya Pradesh
2024 Latest Caselaw 4806 MP

Madhya Pradesh High Court

Kunal Jaiswal @ Sonu vs The State Of Madhya Pradesh on 19 February, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 9216 of 2023
                                         (KUNAL JAISWAL @ SONU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 19-02-2024
                                Shri Pradeep Kumar Naveria - Advocate for appellant.

                                Shri Devendra Shukla - Panel Lawyer for respondent/State.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A Nos.17272/2023, 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 Sections 392 or 411 of IPC and sentence to undergo R.I. for 3 years with fine of Rs.5,000/-, with default stipulations.

Learned counsel for the appellant submits that the jail sentence of appellant was suspended by the trial Court till 29.08.2023 (as mentioned in the application). Thereafter, this Court vide order dated 24.07.2023 has further extended the period of bail of appellant for a period of two months from

29.08.2023 to 29.10.2023. The maximum jail sentence awarded to the appellant is of three years and he has been on bail during trial but did not misuse the liberty granted to him. 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.

On the other hand, learned counsel for the State has opposed the applications and prayed for thier rejection.

Heard counsel for the parties and perused the judgment and record of the court below.

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 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.

I t 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 06.05.2024 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 case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE pnm