Kapil Rai vs State Of Madhya Pradesh

Roopesh Chandra Varshney, J

Heard on the question of admission.

Appeal is admitted for final hearing.

Let record of court below be called for.

Also heard on I.A. No.29675/2023, this is first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Kapil Rai.

The appellant has been convicted vide judgment dated 08/12/2023 passed by Second Additional Sessions Judge, Sohagpur, District Narmadapuram in Special S.T. No.20/2020 a n d appellant has been convicted for offence punishable under Sections 420, 467, 468 and 471 of IPC and sentenced to undergo RI for 2 years, 3 years, 2 years and 1 year and to pay fine of Rs.2,000/-, Rs.4,000/-, Rs.2,000/- and Rs.1,000/- for each offence respectively with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. The custodial sentence of appellant has already been suspended by trial Court till 08/01/2024.

There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellant and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that custodial sentence of appellant has already been suspended by trial Court till 08/01/2024 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant - Kapil Rai shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in like amount to the satisfaction of the trial Court for securing his presence appearance before the trial Court on 05/02/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.