Ramesh Koli vs The State Of Madhya Pradesh
2023 Latest Caselaw 5628 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 4624 of 2023
              (RAMESH KOLI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 06-04-2023
      Shri Suraj Bhan Lodhi-Advocate for the appellants.

      Shri Kuldeep Singh-Public Prosecutor for the respondent/State.

Let record of the trial Court be requisitioned.

Heard on I.A.No.5893/2023, an application for suspension of sentence and grant of bail filed on behalf of appellants No.1 to 4.

The trial Court has convicted the appellant No.1 under Section 324 of

IPC and sentenced to undergo six months' RI with fine of Rs.200/-, under Section 323/34 (two counts) of IPC and sentenced to undergo till rising of the court with fine of Rs.500/-, appellant No.2 has been convicted under Section 323 (two counts) of IPC and sentenced to undergo till rising of the court with fine of Rs.500/- and under Section 324/34 (two counts) of IPC and sentenced to undergo six months' RI with fine of Rs.200/-, appellant No.3 has been convicted under Section 323 (two counts) of IPC and sentenced to undergo till rising of the court with fine of Rs.500/- and under Section 324/34 of IPC and sentenced to undergo six months' RI with fine of Rs.200/- and appellant No.4

has been convicted under Section 323 (two counts) of IPC and sentenced to undergo till rising of the court with fine of Rs.500/- and under Section 324/34 of IPC and sentenced to undergo six months' RI with fine of Rs.200/-, in default to suffer further one week simple imprisonment, vide judgment of conviction and order of sentence dated 24.03.2023 passed by First Additional Sessions Judge, Shivpuri to Additional Sessions Judge, Shivpuri in S.T.No.44/2018.

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 had already suspended their sentence till 23.04.2023. 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.

Having considered the rival submissions, the appellants No. 1 to 4 were

on bail during trial and they did not misuse the liberty granted to them, trial Court has already suspended the sentence till 23.04.2023, 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 No.1 to 4 shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellants No.1 to 4 shall be released on bail on furnishing personal bond in the sum of 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.

VANDANA VERMA 2023.04.06 14:53:35 -07'00'

(SATYENDRA KUMAR SINGH) JUDGE Van