Chhotu Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 5498 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 4239 of 2023
             (CHHOTU YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 03-04-2023
      Shri J.S. Rathore- Advocate for the appellants.

      Shri Anil Shukla-Public Prosecutor for the respondent/State.

Let record of the trial Court be requisitioned. Heard on I.A.No.5520/2023, an application for suspension of sentence and grant of bail filed on behalf of appellant No.1-Chotu Yadav and appellant No.2 Raheesh Yadav.

The trial Court has convicted the appellants under Section 325/34 of IPC and sentenced to undergo three years' RI each with fine of Rs.5,000/- each and under Section 459 of IPC and sentenced to undergo three years' RI each with fine of Rs.1,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 11.03.2023 passed by First Additional Sessions Judge, Karera, District Shivpuri in S.T.No.44/2019.

Learned counsel for the appellants submits that the trial Court has not properly appreciated the evidence available on record. The appellants were on bail during trial and they have not misused the liberty granted to them. Learned

trial Court has committed error in holding the appellants guilty for the aforesaid offences. The trial Court has already suspended their sentence till 10.04.2023. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellants prays for suspension of remaining jail sentence and grant of the bail to the appellants.

Learned counsel for the respondent/State has opposed the prayer. Heard learned counsel for both the parties and perused the record.

Having considered the rival submissions, the appellants were on bail during trial and they did not misuse the liberty granted to them, trial Court has already suspended the sentence till 10.04.2023, conclusion of the trial will take time, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellants shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, they shall be released on bail, on furnishing personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) each along with separate solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 15.06.2023, and on

such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.is allowed.

List for admission alongwith record.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Van

VANDANA VERMA 2023.04.03 17:15:48 -07'00'