Ramesh Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 4240 MP

                                  1                              CRA-3822-2021
        The High Court Of Madhya Pradesh
                   CRA-3822-2021
            (RAMESH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 12-08-2021
      Heard through Video Conferencing.
      Shri Ashish Vishwakarma, Advocate for the appellants.
      Ms.Ashwini Paranjape, P.L. for the respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.12025/2021, which is an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants.

This appeal has been preferred against the judgment dated 24.06.2021 passed by III Additional Judge of First ASJ, Katni, District Katni in S.T. No.2700037/2014, whereby the appellant Ramesh has been found guilty for the offence punishable under Sections 329 and 323/34 of IPC and sentenced him to undergo 4 years RI and one month SI with fine of Rs.1500/- and Rs.500/- respectively with default stipulation and appellant Vijay Bhumiya

has been found guilty for the offence punishable under Section 329/34 and 323 of IPC and sentenced him to undergo 4 years RI and one month SI with fine of Rs.1500/- and Rs.500/- respectively with default stipulation.

Learned counsel for the appellants has submitted that the appellants were on bail during the trial and they did not misuse the liberty granted to them. They have been falsely implicated in this case. Hence, prayed for suspension of the jail sentence and release of the appellants.

On the other hand, learned counsel for the State opposed the prayer and rejection of the same.

Looking to facts and circumstances of the case and on perusal of record, this Court is of the view that it is a fit case for grant of bail and suspension of sentence.

2 CRA-3822-2021 It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellants shall remain suspended during the pendency of this appeal and they be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety each in the like amount to the

satisfaction of the trial Court for their appearance before the Registry of this Court on 20.12.2021 and thereafter on all other such subsequent dates as may be fixed by the trial Court in this regard.

In case, the appellants are found absent on any date fixed by the trial Court then the said Court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

The appeal be listed for final hearing in due course as per listing policy. Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

VD

Signature Not Verified SAN

Digitally signed by VARSHA DUBEY Date: 2021.08.12 16:43:04 IST