Arun Kumar vs The State Of Madhya Pradesh
2021 Latest Caselaw 7775 MP

                                                                   1                              CRA-6761-2021
                                          The High Court Of Madhya Pradesh
                                                   CRA No. 6761 of 2021
                                              (ARUN KUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                  2
                                  Jabalpur, Dated : 24-11-2021
                                        Shri P.K. Saxena, learned counsel for the appellants.
                                        Shri Devendra Shukla, learned P.L. for the respondent/State.

Office is directed to call for the record.

Heard on I.A. No.20048/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellants Arun Kumar & Smt. Premvati and release them on bail.

T h i s appeal has been preferred against the judgment dated 11/10/2021 passed by I Additional Sessions Judge, Sidhi in S.T.No.218/2013, whereby learned Sessions Judge found the appellants guilty for the offences punishable under Sections 323/34 of the IPC and sentenced them to undergo R.I. for six months with fine of Rs.500/- with default clause.

Learned counsel for the appellants submitted that the trial Court has already suspended the jail sentence of the appellants till 25/11/2021. Learned trial Court without appreciating the evidence properly, wrongly convicted the appellants for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Hence prayed for suspension of the jail sentence and release of the appellants on bail since the hearing of this appeal is likely to take long time.

On the other hand learned counsel for the State opposed the prayer a n d submitted that the guilt of the appellants was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellants.

Looking to the facts and circumstances of the case, the contention of the learned counsel for the appellants and the fact that the learned trial Court has already suspended the jail sentence of the appellants till 25/11/2021, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellants shall remain suspended during the pendency of this appeal and they be released on bail upon furnishing personal bond in the sum of Rs.50,000/-

Signature Not Verified
  SAN                             (Rs. Fifty Thousand only) each with one surety each in the like amount to
Digitally signed by ANURAG SONI
Date: 2021.11.24 17:19:46 IST
                                                                   2                            CRA-6761-2021

the satisfaction of the trial Court for their appearance before the Registry of this Court on 14/02/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Let the matter be listed for admission after four weeks alongwith the record.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2021.11.24 17:19:46 IST