Jaysh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5745 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 4749 of 2023 (JAYSH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 10-04-2023 Shri Imran Qureshi, learned counsel for the appellants.

Shri Prasant Jain GA appearing on behalf of Advocate General.

Heard on admission.

The appeal is admitted for final hearing. Heard on I.A.No.4739/2023, which is an application filed under Section

389(1) of the Cr.P.C. for suspension of jail sentence of the sole appellants Jayas, Kamlesh, Vijay and Jitendra.

T h e appellants have been convicted vide judgment dated 13.03.2023 passed in S.T.No.29/2020 by 2nd ASJ, Alirajpur and sentenced them under Sections 323/34 (five counts), 435, 324 and of IPC and under Section 25(1-b)

(b) of the Arms Act and sentenced for 3-3 months R.I. with fine of Rs.100- 100 and 1000-1000 for Section 323/34 and 435 of IPC and 1-1 years and 2-2 years for the offence udner Section 324 of IPC and of Arms Act respectively with default stipulations.

It is further submitted that the sentence of the appellants has already been suspended by the learned trial Court till 12.04.2023. There is strong case in favour of the appellants, the appellants were also on bail during trial and have not misused the liberty so granted to him. Final conclusion of present appeal is likely to take long time. Under these circumstances, he prays for grant of bail and suspension of execution of remaining jail sentence of the appellants till disposal of present appeal.

Per-contra, learned Govt. Advocate opposes the application and prays Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/10/2023 6:48:49 PM

for its rejection.

After considering the submissions made by learned counsel for the parties, nature of the allegation against the appellants, looking to the facts and circumstances of the case and the sentence of the appellants is already suspended till 12.04.2023 and final conclusion of appeal is likely to take long sufficient time, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A.No.4739/2023 is allowed and the execution of jail sentence of the appellants are hereby suspended and it is ordered that he be released on bail on their depositing the fine amount and furnishing a personal

bond for a sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court on 17.10.2023 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Record from the trial Court be requisitioned. List the matter for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE

amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/10/2023 6:48:49 PM