Madan Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 6061 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 12272 of 2022
                                     (MADAN TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 13-04-2023
                                Shri Mahendra Pateriya - Advocate for the appellants.

                                Ms.Kamlesh Tamrakar - Panel Lawyer for the respondent /State.

None for complainant, despite service of notice.

Trial Court record has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.24496/2022, which is an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants pending the appeal.

Appellants have been convicted for commission of offence under Section 341 of IPC and have been sentenced to undergo S.I. for 15 days and fine of Rs.100/-, under Section 323/34 of IPC and have been sentenced to undergo R.I. for 3 months and fine of Rs.1000/- and under Section 3(1)(x) of

SC/ST (Prevention of Atrocities)Act and have been sentenced to undergo R.I. for six months and fine of Rs. 1,000/- with default stipulation, vide judgment dated 12.12.2022 delivered in SC ATR No.115/2015 (State of M.P. vs. Madan Tiwari and others) by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, District Jabalpur (M.P.).

Learned counsel for the appellants have submitted that appellants have been released on bail till 12.1.2023 by the trial Court itself. Thereafter, bail was extended by this Court vide orders dated 4.1.2023, 9.2.2023 and 13.3.2023 till Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/13/2023 5:31:15 PM

today. During trial, they were on bail and they have not misused the liberty granted by way of bail. Learned counsel further submitted that they have fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellants.

Considering the short nature of sentence and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail sentence of the appellants because final hearing of this appeal is not possible in

near future.

Consequently, I.A.No.24496/2022 is allowed. The execution of jail sentence of appellants is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 21.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/13/2023 5:31:15 PM