Rameshwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1617 MP

                                     1
 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
             CRIMINAL APPEAL NO.1111 OF 2022
       (Rameshwar and Others vs The State of Madhya Pradesh)


Indore, Dated 04.02.2022
      Heard through Video Conferencing.
      Mr. Asif Khan, Counsel for the Appellants.
      Ms.     Seema        Maheshwari,           Counsel           for       the
Respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Let record of the Court below be requisitioned. Heard on IA No.1596/2022 which is first application under Section 389(1) of the Code of Criminal Procedure, 1973 filed on behalf of appellants namely; Rameshwar S/o Jagannath, Mahesh S/o Rameshwar, Rahul S/o Mahesh and Deepak S/o Mahesh for suspension of jail sentence. The appellants have been convicted and sentenced as under:

              Conviction                              Sentence
     Section & Act   Imprisonment        Fine Amount      Imprisonment
                                                           in lieu of fine
        326 IPC       03 years RI         Rs.3,000/-       03 Months RI
        323 IPC       03 months RI         Rs.500/-        01 Month RI
       323/34 IPC     03 months RI         Rs.500/-        01 Month RI
       323/34 IPC     03 months RI         Rs.500/-        01 Month RI

Counsel for the appellants has submitted that appellants was on bail during trial and they have not misused the liberty so extended to them and the jail sentence has been suspended till 14.01.2022 and the final conclusion of trial would take considerably long time. Hence, prays for suspension of jail sentence of the appellants.

Per contra, Counsel for the respondent/State has opposed the prayer and prays for dismissal of the suspension application.

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.1111 OF 2022 (Rameshwar and Others vs The State of Madhya Pradesh)

After going through the impugned judgment and taking into consideration all the facts and circumstances of the case, without commenting anything on the merits of the case, this application is allowed.

It is directed that if the appellants' furnishes the personal bond of Rs.50,000/- (Rupees Fifty thousand) each and a solvent surety each of like amount to the satisfaction of trial Court and on depositing the fine amount (if not already deposited), the remaining portion of the jail sentence of appellants shall be suspended and they be released on bail for their appearance before the concerned trial Court on 01.04.2022 and thereafter on all subsequent dates as may be fixed by the concerned Court in this behalf. Accordingly IA No.1596/2022 stands disposed of.

List the appeal for final hearing in due course. Certified copy as per Rules.

                                                   (SUBODH ABHYANKAR)
 Arun/-                                                   JUDGE

ARUN NAIR
2022.02.05 12:24:18
+05'30'