Sagar Rai vs The State Of Madhya Pradesh
2023 Latest Caselaw 12601 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 9804 of 2023
                                         (SAGAR RAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-08-2023
                                Shri S. K. Gangrade - Advocate for the appellants.

                                Shri Ajay Tamrakar - Panel Lawyer for the respondent/State.

Call for the trial Court record.

Heard on I.A. No.18576/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellants, pending the

appeal.

Appellants have been convicted for commission of offence under Section 327 and 327/34 of IPC respectively and have been sentenced to undergo R.I. for 01-01 year and fine of Rs.1000/- each with default stipulation vide judgment dated 21.6.2023 delivered by 2nd Additional Sessions Judge, Sohagpur District Narmadapuram, in S.T. No.15/2020 (State of M.P. Vs. Sagar Rai and another).

Learned counsel for the appellants has submitted that appellants have not committed any offence. They have been erroneously convicted by the trial

Court. Learned counsel for the appellants has submitted that in the course of trial appellants were on bail. They have not misused the liberty granted by way of bail during trial. The appellants have fair chance to succeed in the appeal. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. It is further submitted that after conviction and passing of order of jail sentence, learned trial Court itself has suspended the jail sentence of the appellants till 11.9.2023. Therefore, if the execution of jail sentence of appellants is not suspended, the Signature Not Verified Signed by: DEEPA MISHRA Signing time: 8/5/2023 12:24:33 PM

purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellants be suspended and they be released on bail.

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

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.18576/2023 is allowed. The execution of jail sentence of appellants- Sagar Rai & Ajit @ Aaditya Mandal is hereby

suspended subject to depositing the fine amount, (if not already deposited). I t 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 3.10.2023 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 arguments on admission after receipt of record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 8/5/2023 12:24:33 PM