Ganesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 5378 MP

                                      1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                              CRA No. 2295 of 2022
                   (GANESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 12-04-2022
       Shri Abhishek Parashar, learned counsel for the appellants.

       Shri Purshottam Tanwar, learned Panel Lawyer for the respondent-State.

I.A.No.3795/2022, which is the first application under Section 389 Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants.

This Criminal Appeal assails the judgment dated 25/02/2022 passed in ST

NO. 103/2019 by Additional Sessions Judge, Sheopur (M.P.) whereby, appellants stand convicted under Section 325 r/w 34 of the IPC and sentenced them to undergo 4 years RI with a fine of Rs 4000/-, in default of payment of fine further sentence has been awarded as stipulated in the judgment.

Learned counsel for the appellants submits that the appellants are in custody 25/02/2022 i.e. date of judgment. It is submitted that it is apparent that there is possibility of acquittal of the appellants in appeal. The appellants were on bail during trial and they did not misuse the liberty so granted to them. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant

of bail to the appellants.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No.3795/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant Nos. 1 and 2 Ganesh and Munna shall remain suspended and they be released on bail. The appellants are further directed to mark their appearance before the Office of this Court on 04/07/2022 and on subsequent dates given by the Office in this regard, till final disposal of this

appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance. Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Prachi

PRACHI MISHRA 2022.04.13 10:29:05 +05'30'