Bharat vs The State Of Madhya Pradesh
2024 Latest Caselaw 27730 MP

Madhya Pradesh High Court

Bharat vs The State Of Madhya Pradesh on 3 October, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                              1                                  CRA-11174-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 11174 of 2024
                                           (BHARAT Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 03-10-2024

                                 Shri K. C. Kabra, Advocate for the appellant.
                                 Shri Rahul Solanki, Government Advocate for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A.No.16346/2024, which is first application for suspension of jail sentence and grant of bail filed under Section 430 of BNSS moved on behalf of appellant - Bharat.

2. Learned Trial Court has convicted the appellant under Section 325 of IPC and sentenced to undergo RI for 01 year with fine of Rs.1,000/- with default stipulation, vide judgment of conviction and order of sentence dated 22.08.2024 passed by the Special Judge, SC/ST Act, West Nimar, District Mandleshwar in SCATR No.111/2018.

3. Learned counsel for the appellant submits that jail sentence of the

appellant has already been suspended by the Trial Court till 07.10.2024 . Final hearing of this appeal will take sufficient time therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

4. Learned counsel for the respondent/State has opposed the prayer of the appellant and prayed for its rejection.

5. I have heard learned counsel for the parties and perused the record.

2 CRA-11174-2024

6. Considering the short term of sentence and after perusal of the evidence available on record, without expressing any opinion on merits of the case, the application I.A. No.16346/2024 is allowed and jail sentence of the appellant shall remain suspended.

7. It is directed that subject to depositing the fine amount, if already not deposited, appellant - Bharat shall be released on bail, on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Only) with one solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 18.11.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Record of the Trial Court be requisitioned. List in due course.

Certified copy, as per Rules.

(PRAKASH CHANDRA GUPTA) JUDGE

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