Bhogiram Chidar vs The State Of Madhya Pradesh
2023 Latest Caselaw 6620 MP

                                     1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR
                             CRA No. 3472 of 2023
                   (BHOGIRAM CHIDAR Vs THE STATE OF MADHYA PRADESH)

Dated : 24-04-2023
       Shri Raj Kumar Shrivastava, learned counsel for the appellant.

       Shri      S.S.   Kushwah,     learned     Public    Prosecutor,   for   the
respondent/State.

Heard on I.A.No.4643/2023 first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

This criminal appeal has been filed against the judgment dated 22.02.2023

passed in ST No.102/2016 by First Additional Sessions Judge, Ashoknagar whereby the appellant has been convicted under Section 307/34 of IPC and sentenced to undergo four years' R.I., with fine of Rs.500/- with default stipulations.

During trial, the appellant was in custody for 2 moths and from the date of judgment dated 22.02.2023.

It is submitted by counsel for the appellant that the fine amount has been deposited by him and is ready to abide by all the conditions that may be imposed by this Court. Appeal is of the year 2023 which may take long time for

it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellants be released on bail.

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 for a

period of one month, I.A.No.4643/2023 is allowed.

It is therefore, directed that if appellant deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 18th October, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

Application (I.A.No.4643/2023) is allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

mani

SUBASRI MANI 2023.04.25 11:42:45

-07'00'