Ashok Koli vs The State Of Madhya Pradesh
2023 Latest Caselaw 5991 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 4942 of 2023
                                         (ASHOK KOLI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-04-2023
                                Shri FA Shah, learned counsel for the appellants.

                                Shri R. K. Awasthi, learned counsel for the respondent- State.

Heard on admission.

Appeal appears to be arguable, is admitted for final hearing. Let record of the trial Court be called for. Also heard on I.A.No.6348 of 2023, first application u/Sec. 389(1) of

Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants.

Vide judgment dated 24-03-2023 passed by Special Judge (Atrocities), Shivpuri in Special Sessions Case No. 57 of 2017, the appellants have been sentenced to one year RI with fine of Rs.200/- with default stipulation for commission of offence under Sections 324/324 IPC (two counts) and one year RI with fine of Rs.200/- with default stipulation for commission of offence under Section 323/34 (four counts) respectively. Both the sentences have been directed to run concurrently.

It is submitted by counsel for the appellants that the appellants were on bail during trial and they did not misuse the liberty granted to them. Fine amount has already been deposited by the appellants. It is also submitted that learned Trial Court has already suspended jail sentence of the appellants till 24-05-2024. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the execution of jail sentence be suspended and the appellants be released on bail.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/12/2023 7:12:44 PM

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible and that learned trial Court has already suspended jail sentence of the appellants till 24- 05-2024, IA is allowed. It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnish a personal bond in the s um o f Rs.25,000/- (Rupees twenty five thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 17th July,

2023 and on such further dates as may be fixed by the office in this regard, remaining jail sentence awarded to them shall remain suspended till disposal of the appeal and they shall be released on bail.

Application IA is allowed and disposed of. List for final hearing in usual course after receipt of record. C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/12/2023 7:12:44 PM