Madhya Pradesh High Court
Janak vs The State Of Madhya Pradesh on 12 March, 2025
1 CRA-10755-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10755 of 2024
(JANAK Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 12-03-2025
Shri Kashi Ram Patel - Advocate for the appellant.
Smt. Neetu Pasine - Panel Lawyer for the respondent-State.
Heard on I.A. No.31583/2024, which is an application for condonation of delay.
Considering the reasons stated in the application, I.A. No.31583/2024 is allowed and delay of 32 days in filing the appeal is hereby condoned.
Appeal is admitted for final hearing.
Heard on I.A. No.31586/2024, an application under Section 389(1) of the Code of Criminal Procedure filed on behalf of appellant for suspension of sentence and grant of bail.
This appeal is filed by the appellant being aggrieved of the judgment dated 26.06.2024 passed by First Additional Sessions Judge to the Court of First Additional Judge, Betul, District - Betul (M.P.) in S.T. No.200270/2015 whereby appellant has been convicted for the offence punishable under Section 363 of the IPC and sentenced to suffer R.I. for 03 years with fine of Rs.1,000/- with default stipulation.
Learned counsel for appellant has submitted that the Trial Court had charged the appellant under Sections 363 and 370 of IPC but the Trial Court had acquitted the appellant from the charge under Section 370 of IPC and convicted for the offence punishable under Section 363 of IPC. The Trial Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 12-03-2025 18:51:30 2 CRA-10755-2024 Court had sentenced the appellant for three years only. The appellant was in custody for 34 days during the trial and after the date of judgment i.e. 26.06.2024, he is in custody. The final hearing of this appeal is not possible in near future. Hence, the jail sentence of the appellant may be suspended.
Learned counsel for State has opposed the bail application and has submitted that no case of interference is made out. Hence, the appellant is not entitled to be released on bail.
Heard the parties and perused the record.
Looking to the statements of Roshni Dhurve (PW-1), Munnibai Dhurve (PW-2), Umesh Dhurve (PW-3) and Rajendra Dhurve (PW-7) that no case of interference is made out, hence, I.A. No.31586/2024 is dismissed.
List the matter for final hearing in due course.
(DEVNARAYAN MISHRA) JUDGE HK Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 12-03-2025 18:51:30