Brijmohan Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 14132 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRR No. 2299 of 2023
                                      (BRIJMOHAN SAKET AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 28-08-2023
                                 Shri Himanshu Tiwari - Advocate for the appellant.

                                 Shri Sachin Raghuwanshi - Panel Lawyer for the respondent/State.

Heard on admission.

The appeal is admitted for final hearing. Record of the trial Court has been received.

Also heard on IA No.12866/2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant No.5-Lalai Saket arising out of judgment dated 08.02.2018 delivered in S.T. No.1510/2008 by JMFC, Deosar District Singrauli.

Learned counsel for the appellants seeks permission to withdraw the I.A. No.12866/2023 with respect to appellants No. 1 to4.

Prayer is allowed.

Accordingly, I.A. No.12866/2023 is dismissed as withdrawn with respect to appellants No.1 to 4.

T h e appellant has been convicted under Section 325 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.500/- and section 452 of IPC and sentenced to undergo RI for 01 year with fine of Rs. 500/-, with default stipulations.

Learned counsel for the appellant submits that appellant aged about 75 years. Learned trial Court has wrongly convicted and sentenced the appellant. There is no evidence to connect the appellant with the alleged offence. Final hearing of this appeal is not possible in near future. Thus, it is prayed that Signature Not Verified Signed by: ROSHNI SINGH Signing time: 8/29/2023 10:26:22 AM

remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned counsel for the State. Considering the evidence on record including the age of the appellant and coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.128662023 is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant Lalai is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one

solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial court Deosar District Singrauli on 30.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. C.C. today.

(ACHAL KUMAR PALIWAL) JUDGE

R

Signature Not Verified Signed by: ROSHNI SINGH Signing time: 8/29/2023 10:26:22 AM