Somnath vs The State Of Madhya Pradesh
2023 Latest Caselaw 12210 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 6876 of 2021
                                         (SOMNATH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 01-08-2023
                                 Shri Arpan Shrivastava - Advocate for the appellants.

                                 Shri Yogesh Dhande - Government Advocate for respondent-State.

Shri Abdhesh Kumar Gupta - Advocate for objector.

Heard on I.A. No.20439 of 2021, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant No.2-

Chotu @ Ramgopal, appellant No.3-Sanju @ Shersingh and appellant No.4-Dibbi @ Devisingh arising out of judgment dated 30.9.2021 delivered in Sessions Trial No.12/2019 by Additional Sessions Judge, Bareli, District Raisen (MP).

The appellants No.2 to 4 have been convicted under Section 302/34 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs.2000/-, with default stipulation.

Learned counsel for the appellants submits that they have been falsely implicated in the case. There is no evidence to connect the appellants with the

crime/alleged offence. Learned counsel for the appellants also submits that there is no evidence showing any active involvement of appellants No.2 to 4 in the instant incident. The final hearing of this appeal is not possible in near future. Therefore, it has been prayed that the jail sentence of the appellants No.2 to 4 be suspended and they be released on bail.

T he prayer is opposed by learned Government Advocate as well as learned counsel for the objector on the basis of objection.

Taking into consideration the role attributed to appellants No.2 to 4 and Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 8/2/2023 5:03:24 PM

evidence relating thereto, especially F.I.R. (Ex.P/21) and deposition of Jasman Sahu (PW-1), coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellants No.2 to 4.

Accordingly, I.A No.20439 of 2021 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellants No.2 to 4 are hereby suspended and it is directed that appellants No.2 to 4 be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only)

each with separate solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Bareli,

District Raisen on 9 th of October, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this Appeal.

Certified copy as per rules.

                             (SUJOY PAUL)                                   (ACHAL KUMAR PALIWAL)
                                JUDGE                                                JUDGE

                         irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 8/2/2023
5:03:24 PM