Chottu @ Yunis vs The State Of Madhya Pradesh
2024 Latest Caselaw 15406 MP

Madhya Pradesh High Court

Chottu @ Yunis vs The State Of Madhya Pradesh on 22 May, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 14661 of 2023
                                             (CHOTTU @ YUNIS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-05-2024
                                 Shri Alok Vagrecha -Advocate for the appellant.

                                 Shri Anshul Mishra - Panel Lawyer for the respondent/State.

Trial Court record has been received.

Heard on admission.

As per trial Court order-sheet, appellant has surrendered and is in jail.

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

Heard on I.A. No.12657/2024, 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 325 of IPC and has been sentenced to undergo R.I. for 2 years and fine of Rs.1,000/- with default stipulation vide judgment dated 03.11.2023 passed in Sessions Trial No.272/2022 (State of M.P. vs. Chottu @ Yunis and Others) by

Sessions Judge, District Sagar.

Learned counsel for the appellant has 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. Trial Court has not properly appreciated the evidence of the 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.12657/2024 is allowed. The execution of jail sentence of appellant- Chhotu @ Yunis Patel 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 22.10.2024 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

Jasleen