Balaram vs The State Of Madhya Pradesh
2021 Latest Caselaw 856 MP

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         HIGH COURT OF MADHYA PRADESH,
                     BENCH AT INDORE
                     CRA NO.1752/2021
 Balaram s/o Ganesh Ram Patidar & two others vs. State of
                            M.P
18.03.2021: (INDORE):
      Shri Sachin Parma, learned counsel for the appellants.
      Smt.V.Phaye,    learned   Govt.    Advocate    for     the
respondent/State.

Let the record of the trial Court be requisitioned and the appeal be listed for admission along with the record.

Heard on IA No.5320/2021, first application under section 389(1) Cr.P.C for suspension of sentence on behalf of appellants Balaram, Anokhilal & Mukesh.

Appellants have filed this appeal against the judgment dated 04.03.2021 passed by Iind ASJ, Jaora, district Ratlam in Sessions Trial No.57/2015 whereby the learned trial Court has convicted the appellants under section 326 of the IPC and sentenced them to undergo RI for 3 years with fine of Rs.5000 with further default stipulation.

Learned counsel for the appellants submits that the trial Court has committed an error in appreciating the evidence and convicting the appellants. The appellants were on bail during trial and they never misused the liberty granted by the court. The hearing of this appeal

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would likely to take long time, hence prayed for suspension of sentence and release of appellants on bail.

On the other hand, learned counsel for the respondent/State opposed the prayer.

Considering the facts and circumstances of the case and the fact that this appeal is likely to take time for final hearing, the application is allowed and it is directed that the jail sentence passed against the appellants shall remain suspended and they be released on bail upon each of them depositing the fine amount (if already not deposited) and furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 18.01.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Before releasing the appellants from the custody the jail authorities are directed to medically examine them in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.

(VIVEK RUSIA) JUDGE hk/ Digitally signed by Hari Kumar Nair Date: 2021.03.18 19:16:03 +05'30'