Beta @ Neeraj Mishra vs The State Of Madhya Pradesh
2022 Latest Caselaw 6100 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                 CRA No. 3642 of 2022
                                         (BETA @ NEERAJ MISHRA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                   Dated : 25-04-2022
                                         Shri U. N. Pandey, learned counsel for the appellants.

                                         Shri Pramod Choubey, learned Dy. Government Advocate for the
                                   respondent/State.

Shri Choubey, learned Government Advocate takes notice on behalf of the respondent/State. Now there is no need to issue further notice to the respondent/State.

Call for the trial Court record.

Heard on I.A.No.6749/2022, application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail pending the appeal.

The appellants have been convicted for commission of offence punishable under Sections 294, 323/34 of IPC and have been sentenced to undergo 3-3 months S.I, and fine of Rs.500/- each with default stipulations by Special Judge, SC/ST (Prevention of Atrocities Act), District- Panna vide judgement dated 7.4.2022 in Special Case (ATR) No.41/2017.

Learned counsel for the appellants has submitted that appellants have been

released on bail by the trial Court and during course of trial, they were on bail and have not misused the liberty granted to them by way of bail. He further submitted that the evidence of prosecution witnesses is full of omissions, contradictions and discrepancies. They have fair chances to succeed in appeal. Therefore, it has been prayed that the appellants be released on bail.

O n the other hand, learned Government Advocate has opposed the application for grant of bail to appellants.

I have gone through impugned judgment and the finding recorded by the learned trial Judge. Appellants have been on bail during trial and have not misused the liberty granted to them by way of bail. Appellants have been convicted with maximum sentence of 3 months S.I.. There is no possibility of hearing of this Signature Not Verified SAN appeal in near future. Therefore, having taken into consideration the arguments advanced by learned counsel for the appellants and the finding recorded in the Digitally signed by DEEPA MISHRA Date: 2022.04.25 15:46:42 IST

impugned judgment, I deem it proper to suspend the remaining jail sentence of the appellants.

Consequently, I.A.No.6749/2022 is allowed. The execution of jail sentence o f appellants- Beta @ Neeraj Mishra, Chali Brijesh Mishra, Ramraja,

Bedan and Vindrawan is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that appellants be released on bail on their furnishing a personal bond to a sum of Rs.40,000/- (Rupees Forty thousand only) each with one solvent surety in the like amount each to the satisfaction of the trial court with a further direction to appear before the trial Court on 15.09.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this appeal for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified SAN

Digitally signed by DEEPA MISHRA Date: 2022.04.25 15:46:42 IST