Sumit Kumar vs The State Of Madhya Pradesh
2024 Latest Caselaw 15839 MP

Madhya Pradesh High Court

Sumit Kumar vs The State Of Madhya Pradesh on 28 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                    1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                             CRA No. 1828 of 2024
                    (SUMIT KUMAR Vs THE STATE OF MADHYA PRADESH)

Dated : 28-05-2024
       Shri Anil Kumar Tiwari - Advocate for the appellant.

       Shri Raghuvar Prajapati - Panel Lawyer for the State.

       Reserved    on : 27.05.2024
       Pronounced on: 28.05.2024

       This application having been heard and reserved for orders, coming on

for pronouncement this day, the court passed the following:
                                        ORDER

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.3123/2024, 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 370 and 120-B of IPC and sentenced to undergo R.I. for 7 years and

7 years with fine of Rs.1,000/- and Rs.1,000/- respectively, with default stipulations.

Learned counsel for the appellant submits that the maximum jail sentence of appellant is of 7 years and 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.

Learned counsel for the State has opposed the application and prayed for its rejection.

Heard counsel for the parties, 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 29.08.2024 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 criminal appeal for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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Date: 2024.05.29 10:35:24 +05'30'