Dilip vs The State Of Madhya Pradesh
2023 Latest Caselaw 20945 MP

Madhya Pradesh High Court

Dilip vs The State Of Madhya Pradesh on 11 December, 2023

Author: Hirdesh

Bench: Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 12902 of 2023 (DILIP AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-12-2023 Shri Martand Paliwal - Advocate for the appellants.

Shri Purshottam Soni - Panel Lawyer for the State.

Considered I.A.No.24233/2023, which is first application for suspension of sentence on behalf of appellants-Dilip, Rajendra and Ayodhya Prasad.

Vide impugned judgment dated 25.9.2023 passed by 2nd Additional

Judge to the Court of First ASJ, Narmadapuram in ST No.56/2022 the appellants have been convicted u/s 326, 323/34 & 323/34 of IPC and sentenced to undergo R.I. for 03 years, 06 & 06 months with fine of Rs.2,000/-, Rs.500/- & Rs.500/- respectively with default stipulations.

Learned counsel for the appellants submitted that appellants are innocent and have been falsely implicated in the crime. The impugned judgment has been passed without properly appreciating the oral and documentary evidence available on record. The appellants were on bail during trial. The trial Court has suspended the jail sentence of appellants. The maximum sentence awarded is 03

years. Final disposal of this appeal would take considerable time. Hence, prayer for suspension of sentence be allowed.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Considering the over all facts and circumstances of the case, the appellants were on bail during trial, maximum sentence is 03 years, trial Court itself has suspended the jail sentence of appellants; and final disposal of this appeal would take considerable time, without commenting on merits of the case,

the application is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellants is hereby suspended and it is directed that appellants, namely, Dilip, Rajendra & Ayodhya Prasad be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty Thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the concerned trial Court on 22th of December, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

I.A.No.24233/2023 is disposed of.

(HIRDESH) JUDGE

RM