Citation : 2023 Latest Caselaw 13034 MP
Judgement Date : 10 August, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10168 of 2023
(KULDEEP DANGI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 10-08-2023
Shri Ashish Sinha- Advocate for the appellant.
Shri Dinesh Patel- Deputy Government Advocate for the
respondent/State.
Heard.
Admit.
Record of the Court below be requisitioned. Also heard on I.A. No. 19199/2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellants-Kuldeep Dangi, Dharmendra Dangi alias Pappu, Pradeep alias Golu, Mahendra alias Kalu and Kapil arising out of judgment dated 28.07.2023 delivered in S.T. No.197/2021 by learned First Additional Sessions Judge,Sehore, District-Sehore.
T he appellants have been convicted under Section 323/34 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.500/- and Section
325/34 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs. 1500/- with default stipulations.
Learned counsel for the appellants submits that the jail sentence of the appellants has been suspended by the trial Court till 04.09.2023. 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. Looking to the short nature of sentence coupled with the fact that early Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/11/2023 10:00:20 AM
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. 19199/2023 is allowed.
Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellants-Kuldeep Dangi, Dharmendra Dangi alias Pappu, Pradeep alias Golu, Mahendra alias Kalu and Kapil 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: 8/11/2023 10:00:20 AM
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