Nag Narayan Tiwari vs The State Of Madhya Pradesh
2022 Latest Caselaw 15841 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 10995 of 2022
                                    (NAG NARAYAN TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 30-11-2022
                                Shri R.K. Dubey, learned counsel for the appellants.

                                Shri    Narendra     Chourasiya,      learned   Panel    Lawyer      for   the
                          respondent/State.

Call for the record of trial Court.

Heard on I.A.No.22480/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants

pending the appeal.

T he appellants have been convicted for commission of offence under Section 323/34 of IPC and have been sentenced with fine of Rs.1000/- and Section 324/34 of IPC and have been sentenced to undergo R.I. for 3 years

with fine of Rs.2000/- with default stipulations by the learned 22nd Additional Sessions Judge/Special Judge, Jabalpur vide judgment dated 14.11.2022 passed in S.T. No.2100212/2013 (State of MP Vs. Nag Narayan Tiwari and others).

Learned counsel for the appellants has submitted that in the course of

trial, the appellants were on bail and they have not misused the liberty granted to them by way of bail. It is further submitted that the learned trial Court has wrongly convicted the appellants as it has not considered the material omissions and contradictions appeared in the evidence of prosecution witnesses. The story given by the witnesses was altogether different from the prosecution story but that fact has not been taken into consideration by the trial Court, therefore, the appellants have fair chance to succeed in appeal.Therefore, it is prayed that the appellants be released on bail. Signature Not Verified Signed by: VARSHA DUBEY Signing time: 12/1/2022 1:43:06 PM

O n the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail to the appellants.

Considering the short nature of 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.

Consequently, I.A.No.22480/2022 is allowed. The execution of jail sentence of appellants 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 of the like amount

to the satisfaction of the trial Court with a further direction to appear before the trial Court on 06.03.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for argument on admission after receipt of the record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

VD

Signature Not Verified Signed by: VARSHA DUBEY Signing time: 12/1/2022 1:43:06 PM