Vijay @ Munna vs The State Of Madhya Pradesh
2023 Latest Caselaw 5756 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 306 of 2023 (VIJAY @ MUNNA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 10-04-2023 Shri Abhay Saraswat, learned counsel for the appellants.

Shri Suhas Pundlik GA appearing on behalf of Advocate General.

Heard on admission.

The appeal is admitted for final hearing. Heard on IA.No.207/2023, which is first application filed under section

389(1) of the Cr.P.C for grant of bail and suspension of jail sentence of the appellants Vijay and Dinesh Soni.

Learned counsel for the appellants submits that the appellants are custody because of their conviction under section 412 of IPC and sentence to undergo 10 years RI with fine of Rs.2,000/, each. They are in custody since 26.11.2022 i.e, the date of judgment. There is strong case in favour of the appellants, the appellants were on bail during trial and have not misused the liberty so granted to them. 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 appellant till disposal of present appeal.

Per-contra, learned Govt. Advocate opposes the application and prays for its rejection. However, he fairly admitted that no criminal antecedent has been found against the appellants.

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, they have no criminal background and final Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/10/2023 6:48:49 PM

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.207/2023 is allowed and the execution of jail sentence of the appellants is 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.

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