Deepak vs The State Of Madhya Pradesh
2022 Latest Caselaw 13415 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRA No. 6005 of 2022
                                         (DEEPAK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 12-10-2022
                               Shri Sourabh Singh Thakur, learned counsel for the appellants.

                               Shri Somesh Gupta, learned Panel Lawyer for the respondent/State.

Heard on I.A. No.13107/2022, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail pending the appeal.

T he appellants have been convicted for commission of offence under Section 324 and 452 of IPC and have been sentenced to undergo R.I. for 3

years and fine of Rs. 5000/- and RI for one year and fine of Rs.1000/- with default stipulations by judgment dated 29.06.2022 passed in S.T.No.190/2017 (State of M.P. Vs.Sushila and others) by Fourth ASJ, Chhindwara.

Learned counsel for the appellants has submitted that appellants have been convicted and sentenced as aforesaid. It is further submitted that learned trial Court has not properly and meticulously appreciated the evidence of prosecution witnesses as it has not taken into consideration various contradictions and omissions appeared in the evidence of prosecution witnesses. It is further submitted that in the course of trial, the appellants have

already suffered number of months in jail and they have fair chances to succeed in the appeal. The maximum awarded sentence is upto 3 years and some part of the sentence has already been suffered by them. Therefore, if they are not released on bail, the purpose of filing of this appeal will become futile. Therefore, it has been prayed that the appellants/accused be released on bail.

On the other hand, learned Panel Lawyer for the respondent/State has opposed the grant of bail.

Signature Not Verified Signed by: BIJU BABY Signing time:

10/13/2022 12:13:30 PM

I have gone through the impugned judgment and record of the trial Court. The appellants have already suffered some part of sentence during trial period. The maximum awarded sentence is upto 3 years. They have been released on bail by trial Court itself after passing judgment of conviction and order of sentence. Therefore, having taken into consideration the nature of sentence, the period of custody already undergone by the present appellants, I am of the view that if the appellants are not released on bail the purpose of filing of this appeal would become futile as there is no possibility of hearing of this appeal in near future. Therefore, having taken into consideration all the aspects of the matter, I deem it proper to suspend the remaining jail sentence of the appellants.

Accordingly, aforesaid I.A. No.13107/2022 is allowed. The execution of jail sentence of appellants- Deepak, Sandeep and Mandeep, subject to depositing of fine amount, if not already deposited, is hereby suspended and it is directed that the aforesaid three appellants be released on bail on their furnishing a personal bond for 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 08.12.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

Heard on admission.

Admit.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE Signature Not Verified Signed by: BIJU BABY Signing time:

10/13/2022 12:13:30 PM

b

Signature Not Verified Signed by: BIJU BABY Signing time:

10/13/2022 12:13:30 PM