Ram Asre Gautam @ Ramashrya Gautam vs The State Of Madhya Pradesh
2021 Latest Caselaw 5550 MP

                                                                           1                             CRA-5088-2021
                                               The High Court Of Madhya Pradesh
                                                          CRA-5088-2021
                                       (RAM ASRE GAUTAM @ RAMASHRYA GAUTAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                       2
                                       Jabalpur, Dated : 16-09-2021
                                             Heard through Video Conferencing.
                                             Shri Shyamantak Mani Shukla, Advocate for the appellants.
                                             None for the respondent-State.

Heard on I.A.No.15560/2021, which is an application u/S.389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellants

namely Ram Asre Gautam, Jhalla @ Bhupendra Gautam, Mahesh Gautam and Shankar Prasad Gautam.

This appeal has been preferred against the judgment dated 18/8/2021 passed by Vth Additional Sessions Judge, Distt. Sidhi (MP) in ST no. 135/2011, whereby learned ASJ found the appellants guilty for the offence punishable under Section 307 read with Section 34 of IPC and sentenced them to undergo R.I. for three years each with fine of Rs.500/-each with default clause.

Learned counsel for the appellants submitted that the trial Court

without appreciating the evidence properly wrongly convicted the appellants for the aforesaid offence. He further submits that the trial Court has already suspended the jail sentence of the appellants till 17/9/2021. So, the jail sentence of the appellants be suspended and they be released on bail since the hearing of this appeal will take time.

I t appears from the record that learned trial Court has already suspended the jail sentence of the appellants till 17/09/2021. So, looking to the facts and circumstances of the case and the contention of the learned counsel for the appellants, 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 Signature Not Verified SAN upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand

Digitally signed by MONIKA CHOURASIA Date: 2021.09.16 16:08:30 IST 2 CRA-5088-2021 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 15/11/2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Office is directed to call for the record. List the case for admission after four weeks.

C.C. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE

m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2021.09.16 16:08:30 IST