Citation : 2023 Latest Caselaw 12784 MP
Judgement Date : 8 August, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10011 of 2023
(NARENDRA @ TALU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 08-08-2023
Shri K N Fakhruddin- Advocate for the appellants.
Shri Arvind Singh - Government Advocate for the respondent/State.
Heard on admission.
Appeal is admitted for final hearing.
Let record of the Court below be called for
Parties are heard on I.A.No.18859/2023 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellants Narendra @ Talu and Radhabai arising out of judgment dated 24.07.2023 delivered in ST No.274/2016 by Second Addl. Sessions Judge, Rehli, District Sagar.
T he appellants have been convicted under Section 498-A of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.500/- each with default stipulations.
Learned counsel for the appellants submits that the appellants are
innocent and they have been falsely implicated in the matter. Learned counsel for the appellants further submits that the trial Court has convicted the appellants under Section 498-A of the IPC and sentenced to undergo RI for three years along with fine. Appellants were on bail during trial and the trial Court has suspended jail sentence of the appellants for one month and the final hearing of this appeal is not possible in near future, therefore, remaining jail sentence of appellant may be suspended and he be released on bail.
The prayer is opposed by learned Government Advocate. Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 8/9/2023 12:05:21 PM
Looking to the short sentence and also the fact that the appellants were on bail during trial and learned trial court has suspended their jail sentence and the final hearing of this appeal is not possible in near future and without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.18859/2023 is allowed.
Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellants is hereby suspended and it is directed that the appellants be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount each to the satisfaction of the trial court with a further
direction to appear before the concerning trial Court, Sagar on 04.09.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.
C. c. as per rules.
(ACHAL KUMAR PALIWAL) JUDGE
sh
Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 8/9/2023 12:05:21 PM
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