Rameshwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 13220 MP

                                    1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                            CRA No. 6950 of 2023
         (RAMESHWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 14-08-2023
      Shri Sandeep Mishra - Advocate for the appellants.

      Shri B. K. Upadhyay - Deputy Government Advocate for respondent

no.1-State.

Heard on admission.

The appeal being arguable is admitted for hearing.

Also heard on I.A.No.12437/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of appellant no.1 Rameshwar, appellant no.2 Badebhai alias Dhaniram Patel and appellant no.3 Chandu alias Chandrabhan.

Appellant nos.1 and 3 have been convicted for the offences punishable under Section 323/34 of IPC (on two counts) and sentenced to undergo RI for 6 months each and fine of Rs.500/- each and Section 3(2)(va) of SC/ST Act (on two counts) and sentenced to undergo RI for 6 months each and fine of Rs.500/- each and appellant no.2 has been convicted for offences punishable

under Section 323/34 of IPC (on two counts) and Sections 3(1)(s) and 3(2)(va) of SC/ST Act and sentenced to undergo RI for 6 months each and fine of Rs.500/- each respectively, with default stipulations.

Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellants for aforesaid offence. Appeal would take considerable time to conclude. They are

read y to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State has opposed the application and prays for its rejection.

Heard counsel for the parties, perused the judgment and record of the court below.

Looking to the o ver all facts and circumstances of the case and the evidence available on record as well as the grounds raised about infirmities in its appreciation, this Court finds it to be a fit case to suspend the jail sentence of

the appellants and to release them on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellants shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 06.11.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of.

(ANURADHA SHUKLA) JUDGE

ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.08.14 19:23:18 +05'30' Adobe Reader version: 11.0.8