Rampal Bijori vs The State Of Madhya Pradesh
2023 Latest Caselaw 12711 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 8421 of 2023
                                       (RAMPAL BIJORI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 07-08-2023
                                Shri Ambuj Jain- Advocate for the appellants.

                                Shri Manoj Singh - Panel Lawyer for the respondent/State.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

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

Heard on I.A. No.17516/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant No.5 Ramswaroop, pending the appeal.

Appellant No.5 has been convicted for commission of offence under Sections 326 read with Section 149 (on 2 counts) of IPC and has been sentenced to undergo R.I. for 03 years and to pay fine o f Rs.2,000/-, with default stipulations vide judgment dated 15.06.2023 delivered by Additional

Sessions Judge, Berasiya, District Bhopal, in S.T. No.943/2015 (State of M.P. Vs. Rampal Bijori and others).

Learned counsel for the appellant has submitted that appellant has not committed any offence. He has been erroneously convicted by the trial Court. It is further submitted that appellant Ramswaroop is in jail since 11.04.2023. The appellant has 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 Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 8/7/2023 7:13:16 PM

possibility of hearing of this appeal in near future. Therefore, if the execution of jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellant No.5 may be suspended and he may be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to appellant No.5.

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 No.5.

Consequently, I.A. No.17516/2023 is allowed. The execution of jail

sentence of appellant- Ramswaroop is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that he be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 04.09.2023 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

@shish

Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 8/7/2023 7:13:16 PM