Prabhudayal vs The State Of Madhya Pradesh
2022 Latest Caselaw 16458 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 11300 of 2022
                                         (PRABHUDAYAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-12-2022
                                  Mr. Ambuj Jain - Advocate for the appellants.

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

                                  Call for trial Court record.
                                  Heard on I.A. No.23000/2022, 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 324 read with Section 149 and 148 of the Indian Penal Code and have
                           been sentenced to undergo R.I. for one year with fine of Rs.2000/- and R.I. for
                           one year with fine of Rs.1000/- with default stipulations vide judgment dated
                           14.11.2022 passed by Mr. Mukesh Kumar Yadav, 3rd ASJ, Khurai, District
                           Sagar (M.P.) in S.T. No.7/2019 (State of M.P. Vs. Prabhudayal and others).
                                  Learned counsel for the appellants has contended that during the course
                           of trial, appellants were on bail. They have not misused the liberty granted to

                           them by way of bail during trial. It is further contended that trial Court has not
                           properly appreciated the evidence as it has not considered the omissions and
                           contradictions appeared in the evidence of prosecution witnesses. Appellants
                           have fair chance 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 Signature Not Verified Signed by: DEEPA MISHRA Signing time: 12/13/2022 12:29:38 PM

possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellants.

Accordingly, I.A.No.23000/2022 is allowed. The execution of jail sentence of appellants- Prabhudayal, Bhupendra, Kartar Singh, Kamal Singh and Hanumat Singh is hereby suspended subject to depositing the fine amount, (if not already deposited). It 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 record.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

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