Madhya Pradesh High Court
Sohanlal vs The State Of Madhya Pradesh on 18 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 9064 of 2023 (SOHANLAL Vs THE STATE OF MADHYA PRADESH) Dated : 18-12-2023 Shri A.K.Tiwari - Advocate for the appellant.
Ms. Shanti Tiwari - Panel Lawyer for the State.
Heard on admission.
Appeal seems to be arguable, hence, admitted for hearing. Also heard on IA No.16953/2023, 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.
Appellant has been convicted and sentenced as mentioned in the impugned judgment dated 05.07.2023 passed in ST No.4/2018 by First Additional Session Judge, District Khandwa.
It is submitted by the counsel for the appellant that the appellant has been falsely implicated in the case. He is in jail since 05.07.2023. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.
Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case; period of custody and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.
Accordingly, IA No.16953/2023 stands allowed and it is directed that Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 19-12-2023 13:32:29 2 the jail sentence of appellant shall remained suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 12.02.2024 and on other subsequent dates as may be fixed in this behalf.
List for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY) JUDGE sm Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 19-12-2023 13:32:29