Citation : 2022 Latest Caselaw 8198 MP
Judgement Date : 21 June, 2022
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7551 of 2021 (RAM KARAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 21-06-2022 Shri Rajendra Pratap Singh, counsel for the appellants.
Shri Pradeep Dwivedi, PL for the State.
Heard on question of admission.
Admit.
Heard on I.A. No. 22077/2021, which is an application filed on behalf of the appellants for suspension of sentence and grant of bail.
T he appellants have been convicted by the trial Court under Sections 307, 324 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs. 2,000/- each and R.I. for 6 months with fine of Rs. 1000/- each respectively with default stipulation.
Learned counsel for the appellants has submitted that the appellants and complainant are close relatives. The dispute arose between them on water supply. Now the parties have settled their dispute and entered into compromise. This fact has also been mentioned by the trial Court in Para 2 of impugned judgment and on account of compromise entered into between the parties, the
trial Court has acquitted the appellants from the charges under Sections 323, 324/34 and 506-II of the IPCon 4.8.2021. It is further submitted that the appellants are in custody from the date of judgment i.e. 1.12.2021 and disposal of this appeal will take considerable time, therefore, the jail sentence of the appellants may be suspended and they may be released on bail.
Learned Panel Lawyer has opposed the application. Considering the fact of compromise entered into between the parties and
period of custody of the appellants, I find it to be a fit case to suspend the custodial sentence of the appellants and to release them on bail, therefore, without commenting on the merits, this application is allowed.
I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) each with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellants namely Ramkaran, Shivkaran and Anita Bai shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned o n 3.11.2022 and on such other dates as may be fixed in this regard during
pendency of this appeal.
List for final hearing in due course.
(SMT. ANJULI PALO) JUDGE
PB
Digitally signed by PRADYUMNA BARVE Date: 2022.06.21 16:46:12 +05'30'
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