Madhya Pradesh High Court

Lavkush Yadav vs The State Of Madhya Pradesh on 1 May, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 5285 of 2024
                                             (LAVKUSH YADAV Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-05-2024
                                Shri Pavan Kumar Saxena -Advocate for the appellant.

                                Shri Sunil Gupta - Panel Lawyer for the respondent/State.

Call for the trial Court record.

Heard on I.A. No.10256/2024, 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 Section 341 (on two counts) of IPC and has been sentenced to undergo S.I. for 01-01 month and fine of Rs.500/- with default stipulation and under Section 324/34 (on two counts) of IPC and has been sentenced to undergo R.I. for 01-01 year and fine of Rs.2000/- for each offence with default stipulation vide judgment dated 12.4.2024 passed in Sessions Trial No.62/2021 (State of M.P. vs.Ashok @ Kallu and others ) by 2nd Additional Sessions Judge, Waidhan, District Singrouli.

Learned counsel for the appellant has submitted that in the course of trial appellant was on bail. He has not misused the liberty granted by way of bail during trial. 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. It is further submitted that after conviction and passing of jail sentence, learned trial Court itself has suspended the jail sentence of the appellant till 11.5.2024. Trial Court has not properly appreciated the evidence of t h e prosecution witnesses. Therefore, appellant has a fair chance to succeed in this appeal.

Hence, it is prayed that the execution of jail sentence of appellant be suspended and he may be released on bail.

On the other hand, learned counsel for the 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.10256/2024 is allowed. The execution of jail sentence of appellant- Lavkush Yadav 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 in the 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 5.11.2024 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 argument on admission after receipt of record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra