Madhya Pradesh High Court
Golu Alias Arvind Baresa vs The State Of Madhya Pradesh on 11 December, 2023
Author: Hirdesh
Bench: Hirdesh
1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12704 of 2023 (GOLU ALIAS ARVIND BARESA Vs THE STATE OF MADHYA PRADESH) Dated : 11-12-2023 Shri V.P.Singh - Advocate for the appellant.
Shri Purshottam Soni - Panel Lawyer for the State.
Considered I.A.No.24729/2023, which is second application for suspension of sentence u/s 389(1) Cr.P.C. on behalf of Golu alias Arvind Baresa. Earlier one being I.A.No.23833/2023 stood dismissed on 11.10.23.
Vide impugned judgment dated 21.8.2023 passed by 5th ASJ, Bhopal in ST No.291/2020 the appellant has been convicted for offence under section 323 of IPC and sentenced to undergo RI for 06 months with fine of Rs.1000/- and default stipulation.
Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The impugned judgment of the trial Court has been passed without properly appreciating the oral and documentary evidence available on record. The appellant has very good and he is likely to succeed in appeal. The appellant was on bail during trial. The sentence of appellant has been suspended by the trial Court itself. The maximum sentence is 06 months. Final disposal of this appeal would take considerable time. Hence, sentence of appellant be suspended during pendency of appeal.
Learned Panel Lawyer has opposed the prayer for suspension of sentence.
Considering the over all facts and circumstances of the case, the sentence has been suspended by the trial Court, maximum sentence awarded is 06 Signature Not Verified Signed by: RAJESH MAMTANI Signing time: 12-12-2023 20:10:26 2 months, appellant was on bail during trial and final disposal of this appeal would take considerable time, and without commenting on merits of the case, the interlocutory application is allowed.
Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant- Golu alias Arvind Baresa 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 concerned trial Court on 22th of December, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.
I.A.No.24729/2023 is disposed of.
Certified copy as per rules.
(HIRDESH) JUDGE RM Signature Not Verified Signed by: RAJESH MAMTANI Signing time: 12-12-2023 20:10:26