Rajesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12533 MP

                                                                    1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         CRA No. 9793 of 2023
                                      (RAJESH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)



                           Dated : 03-08-2023
                                 Shri Ritesh Inani, learned counsel for the appellant.

                                 Shri V.S.Panwar, learned P.L. for the respondent/ State.

None for the victim though served.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also, heard on I.A. No.11510/2023, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant no.1 Rajesh and appellant no.2 Santosh.

2. The trial Court has convicted the appellants vide judgment of conviction and order of sentence dated 04.07.2023 passed by the Special Judge, SC/ST(P.A.)Act, Rajgarh (Biaora) in Special Case No.57/2019 as under:-

                                         Conviction                                     Sentence

                                Session & Act         Imprisonment        Fine       Imprisonment in lieu of fine

                              323/ 34 of the IPC       6 month RI       Rs. 1000/-           3 months RI

                            3(2)(VA) of SC/ST Act       1 year RI       Rs.500/-             6 months RI

3. Learned counsel for the appellants submits that short sentence of 1 year has been involved in this case. The trial Court has itself suspended the jail sentence of the appellants till 04.08.2023 and hence prayer is made for suspension of jail sentence and grant of bail to the appellants.

4 . Learned Panel Advocate opposes the prayer made by the appellants

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 03-08-2023 18:50:25

and prays for its rejection.

I have heard learned counsel for both the parties and perused the record.

5. Looking to the facts and circumstances of the case coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the applicationI.A. No.11510/2023 is allowed and the jail sentence of the appellant shall remain suspended.

6. It is directed that subject to depositing the fine amount, if already not deposited, appellants- Rajesh and Santosh be released on bail, on furnishing

personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each along with separate sureties in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 27.09.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

7. List for final hearing in due course. C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

ajit

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 03-08-2023 18:50:25