Surendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12941 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 10014 of 2023
                                       (SURENDRA SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-08-2023
                                  Shri Shafiqullah - Advocate for the appellants.

                                  Ms. Swati Aseem George - Deputy Government Advocate for the
                          respondent/State.

Heard.

Admit.

Record of the Court below be requisitioned. Also heard on I.A. No. 19294//2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellants-Surendra Singh, Halka Bhaiya and Vijay Singh arising out of judgment dated 28.07.2023 delivered in S.T. No.600306/2014 by learned Third Additional Sessions Judge, Jabalpur, District-Jabalpur.

T he appellants have been convicted under Section 325/34 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.1000/-, and Section 323/34 of IPC with default stipulations.

Learned counsel for the appellants submits that learned trial Court has convicted the appellants under Sections 325/34 and 323/34 of IPC and sentenced them to R.I. for 2 years with fine. The appellants were on bail during trial and the jail sentence of the appellants has been suspended by the trial Court till 28.08.2023. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellants may be suspended and they be released on bail.

The prayer is opposed by counsel for State. Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/10/2023 10:39:00 AM

Looking to the short nature of sentence coupled with the fact that early hearing of this appeal is not possible in near future, without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellants. Accordingly, I.A No. 19294/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellants- Surendra Singh, Halka Bhaiya and Vijay Singh 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) each with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear

before the concerning trial court Jabalpur, District Jabalpur on 06.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List for final hearing in due course.

C.C. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/10/2023 10:39:00 AM