Neeraj Kumar Ram vs The State Of Madhya Pradesh
2023 Latest Caselaw 20438 MP

Madhya Pradesh High Court

Neeraj Kumar Ram vs The State Of Madhya Pradesh on 4 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12752 of 2023 (NEERAJ KUMAR RAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 04-12-2023 Shri Ram Jee Shukla - Advocate for the appellants.

Ms.Shanti Tiwari - Panel Lawyer for the State.

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing. Also heard on IA No.23931/2023, which is first application under Section

389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellants.

Appellants have been convicted under Sections 419, 420 of IPC and Section 3(Gha) (2)/4 of M.P.Pariksha Adhiniyam and sentenced as mentioned in the impugned judgment dated 29.09.2023 passed in ST No.63/2022 by VIIth Additional Sessions Judge, Sagar.

It is submitted by the counsel for the appellants that the sentence of the appellants were already been suspended by the trial Court till 27.10.2023 and further extended by this Court till 27.12.2023. It is further submitted that appeal

is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellants may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellants are held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.23931 of 2023 stands allowed and it is directed that the jail sentence of appellants shall remained suspended and they be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellants are directed to appear before the trial Court first on 24.01.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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