Amritrao vs The State Of Madhya Pradesh
2022 Latest Caselaw 13852 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 9188 of 2022
                                           (AMRITRAO AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-10-2022
                                 Shri Shushil Kumar Tiwari, learned counsel for the appellants.

                                 Shri Vinay Sharma, learned Panel Lawyer for the respondent/State.

Heard on admission.

Call for the record of the trial Court.

Also heard on I.A.No.19333/2022, an application under Section 389(1) of the Code of Criminal Procedure for suspension of jail sentence and grant of

bail pending the appeal.

Appellants have been convicted for commission of offence under Sections 323/34 (Two counts) of IPC and have been sentenced to RI for six - six months and fine of Rs.1000/- - Rs.1000/- with default stipulations vide judgment of conviction and order of sentence dated 30.09.2022 passed in S.T. No. 138/2016 (State of M.P. Vs. Amrit Rao Ghote & Ors.) by 3rd Addl. Sessions Judge, Baitul (M.P.) Learned counsel for the appellants has submitted that the appellants have not committed any offence. They have been convicted without any cogent and

admissible evidence on record. Learned trial Court has not considered the contradictions and omissions appeared in the evidence of witnesses in proper perspective. Appellants have fair chances to succeed in appeal. It is further submitted that only six - six months sentence has been awarded. There is no likelihood of hearing of this appeal in near future, therefore, if the short sentence is not suspended, the purpose of filing of this appeal would become futile. Therefore, it has been prayed that the appellants be released on bail pending the Signature Not Verified Signed by: AMITABH RANJAN Signing time: 10/28/2022 10:57:02 AM

appeal.

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

Taking into consideration the arguments advanced by learned counsel for the appellants and the fact that there is no possibility of hearing of this appeal in near future and looking to the short nature of sentence, I am of the view that it is a fit case in which execution of jail sentence can be suspended till final disposal of appeal.

Consequently, I.A.No.19333/2022 is allowed. The execution of jail sentence of appellants is hereby suspended subject to depositing the fine

amount, if not already deposited, before the trial Court.

I t is directed that upon depositing the fine amount (if not already deposited), the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety in the like amount each to the satisfaction of the trial court for their appearance before the trial Court on 25.01.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

In case the appellants fail to appear before trial Court on the dates fixed by it, it shall be at liberty, subject to intimation to Registry of this Court, to issue arrest warrant to secure their presence.

List the case for final hearing in due course. Certified copy today, as per rules.

(DINESH KUMAR PALIWAL) JUDGE

Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 10/28/2022 10:57:02 AM