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2022 DIGILAW 1486 (MP)

Pawan Kumar v. State of Madhya Pradesh

2022-12-12

ANAND PATHAK

body2022
JUDGMENT Anand Pathak, J. - Heard on I.A. No.19107/2022 an application under Section 389(1) of Cr.P.C. for suspension of sentence filed on behalf of appellant. Section Imprisonment Fine 326 of IPC 3 Years Rs.2,000/- with default stipulation 2. It is the submission of learned counsel for the appellant that trial Court erred in convicting the appellant and awarding the jail sentence without appreciating the evidence and materials available on record. Hearing of appeal shall take some time. He has good case on merits. Fine amount has already been deposited. He undertakes to abide by the terms and conditions as imposed by this Court. He further undertakes not be a source of embarassment and harassment to the complainant party in any manner. Therefore, bail /suspension may be granted to the appellant. 3. Learned Public Prosecutor for respondent/State opposed the prayer and prayed for dismissal. 4. Heard the counsel for the parties at length and considered the arguments advanced by them. 5. Considering the over all facts and circumstance of the case as well as arguments advanced by counsel for the parties, without commenting on the merits of the case as there is no possibility of early hearing of this criminal appeal before this Court, hence, I.A. No.19107/2022 is allowed furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) by appellant with one solvent surety of the like amount to the satisfaction of the concerned trial Court, appellant's jail sentence shall remain suspended till disposal of this appeal and he be released on bail. The appellant is further directed to remain present before the Registry of this Court on 31.01.2023 and, thereafter, on such subsequent dates as may be fixed by the Registry. 6. Applicant shall not be a source of embarassment and harassment to the complainant party in any manner. 7. In the informed that compromise has arraived at between the parties. 8. Let record be requisitioned thereafter, list the matter for hearing on admission in the month of January, 2023.