Brijesh Thakur vs The State Of Madhya Pradesh
2023 Latest Caselaw 13907 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 10509 of 2023
                                  (BRIJESH THAKUR AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 24-08-2023
                                 Shri Arun Kumar Shukla - Advocate for appellants.

                                 Shri A.S.Pathak - Govt. Advocate for respondent-State.

Heard on admission.

Appeal is admitted for hearing.

Appellants have filed an application i.e. I.A. No.19755/2023 under

Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail.

Appellants have been convicted by judgement dated 03.08.2023 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, 1989, Sehore, District Sehore in ST ATR No.147/2020 for offence punishable under Section 325 read with section 34 of IPC read with Section 3(2)(va) of SC/ST Act and sentenced to undergo R.I. for 1-1 years with fine of Rs.1000-1000/-, in default R.I. for 02- 02 months, under Section 341 of IPC read with section 3(2)(va) of SC/ST Act sentenced to undergo R.I. for 1-1 year with fine of Rs.500-500/-, in default R.I. for 01-01 months, and under Section 427 of IPC sentenced to undergo R.I. for

06-06 months with fine of Rs.300-300/-, in default R.I. for 01-01 month.

Counsel appearing for appellants submitted that sentence of one year rigorous imprisonment and fine of Rs.7200/- has been imposed upon the appellants. Said sentence has been suspended by the trial Court to enable appellants to file appeal before this Court. It is submitted that hearing of appeal is likely to take some time. In these circumstances, application for suspension of sentence be allowed and appellant be enlarged on bail.

Government Advocate appearing for State opposed the application. Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 25-08-2023 17:27:20

Heard the counsel for the parties.

Considering the facts and circumstances of the case, application

(I.A.No.19755/2023) for suspension of sentence is allowed, subject to

depositing fine amount as per the judgment of trial Court, if not already deposited. It is hereby directed that the custodial sentence awarded to the appellants shall remain suspended during the pendency of this appeal and they shall be released on bail on their furnishing a personal bond in the sum o f Rs.50,000/- (Rs. Fifty Thousand Only) each with one solvent surety e ach of the like amount to the satisfaction of the trial Court, for their appearance before the Registry on 18.12.2023 and on other dates as may be

fixed in this regard till final disposal of this appeal.

List the matter for final hearing in due course. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

sp/-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 25-08-2023 17:27:20