Shrilal vs The State Of Madhya Pradesh
2022 Latest Caselaw 7587 MP

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  IN THE HIGH COURT OF MADHYA PRADESH AT INDORE

                        CRA No. 4707 of 2022
             (SHRILAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Dated : 06-06-2022
      Shri Nilesh Dave, learned counsel for the appellants.
      Shri Hemant Sharma, learned counsel for the respondent/State.

Heard on I.A. No.7584/2022, which is first application for suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf of appellants.

The appellants have been convicted in Session Trial No.2/2020 vide judgment dated 13.05.2022 passed by the II-Additional Session Judge, Biaora, District-Rajgarh as below:-

       Conviction                            Sentence

 Section         Act   Imprisonment Fine if deposted      Imprisonment in
                                                          lieu of fine

 325/34 (two IPC       01-01 year R.I. Rs.1000-Rs.1000/- 02-02 months RI
 counts)               each            each              each

 323/34          IPC                    Rs.1000 each      02 months    RI
                                                          each

Learned counsel for the appellants submits that the learned trial Court has committed error in holding the appellants guilty for the aforesaid offences. Appellants were on bail during trial and they have not misused the liberty granted to them. Appellants have falsely been implicated in the matter. There are material contradictions and omissions in the statements of the prosecution witnesses. There is no likelihood of

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hearing of appeal in near future. In view of the aforesaid, learned counsel for the appellants prays for suspension of remaining jail sentence and grant of the bail to the appellants.

Learned counsel appearing for the respondent/State has opposed the prayer.

Considering the facts and circumstances of the case, allegations against appellants and period of custody and there is no likelihood of final hearing of this criminal appeal in near future, without commenting on the merits of the case the application for suspension of sentence i.e. I.A. No.7584/2022 is allowed. Execution of jail sentence of the appellants is hereby suspended and it is ordered that the appellants be released on bail on their furnishing personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the learned trial Court for their appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellants shall mark their presence before the registry of this Court on 21/11/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

Let the record of the trial court requisitioned. List the appeal for admission along with the record. Certified copy as per rules.

(Satyendra Kumar Singh) Vacation Judge

N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2022.06.07 12:31:23 +05'30'