Madhya Pradesh High Court
Ganesh Prasad Choudhary vs The State Of Madhya Pradesh on 13 March, 2025
1 CRA-12242-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12242 of 2024
(GANESH PRASAD CHOUDHARY Vs THE STATE OF MADHYA PRADESH ) Dated : 13-03-2025 Mr. S.K. Kashyap - Advocate for appellant.
Ms. Manisha Singh - Panel Lawyer for State.
Appeal is admitted for final hearing.
I.A. No.28718 of 2024 is an application under Section 389(1) of Cr.P.C., 1973/application under Section 430(1) of Bhartiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence and grant of bail to the appellant.
This appeal is filed by appellant being aggrieved of the judgment dated 28.08.2024 passed by 19th Additional Sessions Judge, Jabalpur (M.P.) in S.T. No.571 of 2015 whereby appellant has been convicted for offences under Section 324 of the IPC and sentenced to undergo R.I. for 03 years with fine of Rs.500/- and Section 25(1-B)(B) of Arms Act and sentenced to undergo R.I. for 01 year with fine of Rs.500/- with default stipulation.
Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. He has further submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for the aforesaid offence. The appellant is in custody and there is a bleak possibility of disposal of this appeal in near future, therefore, the sentence of the appellant may be suspended and they may be released on bail.
The prayer is opposed by learned counsel for the State on the ground Signature Not Verified Signed by: JULIE SINGH Signing time: 13-03-2025 19:25:06 2 CRA-12242-2024 that the trial Court after due appreciation of evidence has convicted the appellant and prays for dismissal of the application.
Heard the parties, perused the record.
Looking to the nature of the offence, I find it to be fit case to suspend the jail sentence of the appellant and release him on bail, therefore, without commenting anything on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.
Accordingly, I.A. No.28718 of 2024 is allowed. Subject to depositing the fine amount, if not already deposited, it is directed that appellant Ganesh Prasad Choudhary be released on bail on his furnishing a personal bond for a 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 concerning trial Court on 07.07.2025 and also on such other dates, as may be fixed by the trial Court in this regard during the pendency of this appeal. The trial Court shall not fix more than two dates in a year for his appearance till the final disposal of appeal.
List the matter for final hearing in due course. Certified copy as per rules.
(DEVNARAYAN MISHRA) JUDGE julie Signature Not Verified Signed by: JULIE SINGH Signing time: 13-03-2025 19:25:06