Sanjeev Mishra vs The State Of Madhya Pradesh
2022 Latest Caselaw 6192 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                 CRA No. 3569 of 2022
                                                 (SANJEEV MISHRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 26-04-2022
                                         Shri Rakesh Shukla, learned counsel for the appellants.

                                         Shri Y. D. Yadav, learned Government Advocate for the respondent/State.

Shri Yadav, 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.6590/2022, 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 365/34 and 323/34 of IPC and have been sentenced to undergo 3 years R.I and 1 year R.I., and fine of Rs.5000/- and Rs.1000/- with default stipulations by 5th A.S.J. Chhindwara vide judgement dated 4.4.2022 in S.T. No.140/2015 ( State of M.P. Vs. Sanjeev and others).

Learned counsel for the appellants has submitted that appellants have been released on bail by the trial Court upto 4.6.2022. He has further contended that

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 there is no cogent and reliable evidence against the appellants. Appellants have been convicted without any evidence. There was a dispute between appellants and complainant party over some tranaction and due to that they have been falsely implicated. They have fair chances to succeed in appeal. They shall abide by all the conditions whatsoever imposed by the Court. 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 Signature Not Verified SAN 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 Digitally signed by DEEPA MISHRA Date: 2022.04.26 17:11:03 IST

maximum sentence of 3 years R.I. There is no possibility of hearing of this appeal in near future. Therefore, having taken into consideration the arguments advanced by learned counsel for the appellants and the finding recorded in the impugned judgment, I deem it proper to suspend the remaining jail sentence of the

appellants.

Consequently, I.A.No.6590/2022 is allowed. The execution of jail sentence of appellants- Sanjeev Mishra, Manoj Mishra and Prateek Awasthi 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.50,000/- (Rupees Fifty 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: 2022.04.26 17:11:03 IST