Mahesh Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 16435 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 11426 of 2022
                                       (MAHESH KUSHWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-12-2022
                                  Mr.Amit Dubey - Advocate for the appellants.

                                  Mr. S. K.Yadav - Dy. Govt. Advocate for the State.

                                  Call for trial Court record.
                                  Heard on I.A. No.23239/2022, an application under Section 389(1) of
                           the Code of Criminal Procedure for suspension of execution of jail sentence

                           and grant of bail.
                                  T he appellants have been convicted for commission of offence under
                           Section 341 and 326/34 of the Indian Penal Code and have been sentenced to
                           fine of Rs.500/- and R.I. for three years and fine of Rs.5000/- with default
                           stipulations vide judgment dated 23.11.2022 passed by Mr. Vaibhav Saxena,
                           2nd Additional Sessions Judge Nasrullaganj, District Sehore (M.P.) in S.T.
                           No.104/2019 (State of M.P. Vs. Om Prakash Kushwaha & Ors.).
                                  Learned counsel for the appellants has submitted that appellants have
                           been wrongly convicted as learned trial Court has not properly appreciated the

                           evidence of prosecution witnesses.           The disposal of appeal will take
                           considerable time.     The appellants have fair chances to succeed in appeal.
                           Therefore, it has been prayed that the appellants be released on bail.
                                  On the other hand, learned counsel for the respondent/State has opposed

the grant of bail to the appellants.

Considering the short period of the sentence and the fact that there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellants. Signature Not Verified Signed by: DEEPA MISHRA Signing time: 12/13/2022 12:29:38 PM

Accordingly, I.A.No.23239/2022 is allowed. The execution of jail sentence of appellants- Mahesh Kushwah and Narayan Kushwah is hereby suspended subject to depositing the fine amount, (if not already deposited). I t is directed that the 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 each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 8.5.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the matter for hearing on admission immediately after receipt of trial

Court record.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 12/13/2022 12:29:38 PM