Ilyas vs The State Of Madhya Pradesh
2023 Latest Caselaw 20213 MP

Madhya Pradesh High Court

Ilyas vs The State Of Madhya Pradesh on 1 December, 2023

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 14839 of 2023
                                       (ILYAS AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 01-12-2023
                                Shri Santosh Kumar Meena, learned counsel for the appellant.

                                Shri     H.S.   Rathore,      learned   Government       Advocate     for   the
                          respondent/State.

Heard on the question of admission Admit.

2. Also heard on I.A. No.14891/2023, which is an application filed under Section 389(1) of the Criminal Procedure Code, 1973 for suspension of sentence on behalf of appellants.

2 . Each appellants has been convicted under Section 325 read with Section 34(2) of IPC and Section 3(2)(va) of the SC/ST (Prevention of Atrocities Act) and sentenced to undergo 6 months R.I. and 1 year R.I. with fine of Rs.500/- and Rs.1000/- respectively with default stipulations.

3. Learned counsel for the appellants submitted that the learned trial Court has already suspended the jail sentence of the appellants. He further

submitted that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, looking to the short sentence, learned counsel prays that the application for suspension of sentence of the appellants be allowed.

4. Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.

5. Looking to the facts and circumstances of the case, contention of learned counsel for the appellants, the short sentence of the appellants and the

fact that the trial Court has already suspended the jail sentence of the appellants, without commenting on the merits of the case, the application is allowed and it is directed that subject to depositing the fine amount, if already not deposited, the appellants shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with a solvent surety in the like amount to the satisfaction of Trial Court, for their appearance before the Registry of this Court firstly on 24.01.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

6. IA No.17891/2023 stands allowed and disposed of.

7. Also heard on I.A. No. 18010/2023, an application for exemption from

certified copy of judgment.

8. For the reasons mentioned in the application, I.A. No. 18010/2023 is hereby allowed.

9. List the matter for final hearing in due course. Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE

Vindesh