Shiv Prasad Damahe vs The State Of Madhya Pradesh
2023 Latest Caselaw 5743 MP

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                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                               CRA No. 12615 of 2022
                                              (SHIV PRASAD DAMAHE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 10-04-2023
                                          Shri Sharad Verma -Advocate for the appellants.

                                          Shri Vinod Mishra - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No.25381/2022, which is first application filed on

behalf of the appellants for suspension of sentence and grant of bail.

T he appellants have been convicted by the trial Court under Section 307/34 of IPC and sentenced to R.I. for 07 years with fine of Rs.1000/-, with default stipulation.

Learned counsel for the appellants has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellants for the aforesaid offences. Appellants are in jail from the date of the judgment and disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellants

may be suspended and they may be released on bail.

Learned Panel Lawyer has opposed the prayer for bail. Heard learned counsel for the parties.

Neither any weapon has been seized from their possession nor they inflicted any blow on the victim. There was a matrimonial dispute between Devanand and his wife. After considering the facts narrated by complainant in Signature Not Verified SAN

FIR (Exh.P/1) and his Court statements, it is clear that main accused is Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.04.11 10:53:44 IST Devanand.

Looking to the above facts and circumstances of the case, custody period of the appellants and taking into account that disposal of this appeal would take considerable time, I deem it to be a fit case to suspend the custodial sentence of the appellants and to release them on bail, therefore, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellants shall remain suspended and they shall be released on bail for securing their

presence before the trial Court on 04.09.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellants shall regularly appear before the trial Court, on each and every date, without fail.

List this matter for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.04.11 10:53:44 IST