Madhya Pradesh High Court
Ravi vs The State Of Madhya Pradesh on 1 April, 2023
Author: Anil Verma
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 4610 of 2023
(RAVI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 01-04-2023
Shri Avinash Yadav, learned counsel for the appellants.
Shri Kapil Mahant, learned Panel Lawyer appearing on behalf of
Advocate General, on advance notice.
Heard on IA No.4599/2023, which is FIRST application filed under
section 389 (1) of Code of Criminal Procedure, 1973 on behalf of appellant
No.1 Ravi S/o Shri Radheshyam Mali, appellant No.2 Radheshyam S/o Shri
Bondar Mali and appellant No.3 Akku @ Hemant S/o Shri Radheshyam Mali
for grant of bail and suspension of remaining jail sentence.
Third Additional Sessions Judge, Khargone (West Nimar) MP in
Sessions Trial No.63/2021 has convicted the appellants for offence under
Sections 323/34 (on two counts) and 325/34 of Indian Penal Code, 1860 and
sentenced to undergo six-six months rigorous imprisonment and fine of
Rs.500/- Rs.500/- and three years rigorous imprisonment and fine of Rs.2,000/-
along with default stipulation respectively.
Learned counsel for the appellants contended that the appellants are
innocent and have been falsely implicated in this offence. After passing the
judgment, their jail sentence has been suspended by the trial Court itself till
17.04.2023. During trial, they remained on bail and had not misused the liberty
granted to them. There is material contradictions and omissions in the statement
of the prosecution witnesses. There is strong case in their favour. Final hearing
of the appeal will take considerable long time. Under these circumstances,
counsel for the appellants prays that the application be allowed and the
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 03-04-2023
10:22:48
remaining jail sentence of the appellants be suspended till final disposal of the
appeal.
Considering all the facts and circumstances of the case, the submissions
made by the appellants as also taking note of the fact that
the appellants remained on bail during trial and had not misused the liberty
granted to them and the final hearing of appeal is likely to take time, I deem it
proper to suspend the remaining jail sentence of appellants.
Accordingly, IA No. 4599/2023 is allowed and the execution of
remaining jail sentence of the appellants is hereby suspended till the final
disposal of this appeal and it is ordered that the appellants be released on bail
upon their depositing the fine amount, if not already deposited, and upon
furnishing a personal bond in the sum of Rs.75,000/- (rupees seventy five
thousand) 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
Registry of this Court on 05.10.2023 and on such other dates, as may be fixed
by the Registry of this Court in this regard during the pendency of this appeal.
IA No.4599/2023 stands allowed and disposed off.
Let the record of the trial Court be requisitioned.
List the matter on the question of admission along with the record.
(ANIL VERMA)
JUDGE
rcp
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 03-04-2023
10:22:48
