Beniram vs The State Of Madhya Pradesh
2023 Latest Caselaw 21042 MP

Madhya Pradesh High Court

Beniram vs The State Of Madhya Pradesh on 12 December, 2023

Author: Hirdesh

Bench: Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11688 of 2023 (BENIRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 12-12-2023 Shri Vishnu Upadhyay - Advocate for the appellants.

Shri Aman Patel - Panel Lawyer for the State.

Heard on admission. The appeal is admitted for hearing. Considered I.A.No.21967/2023, which is first application u/s 389(1) Cr.P.C. for suspension of sentence on behalf of appellants No.1 & 2, namely,

Beniram and Dulichand.

Vide impugned judgment dated 29.8.2023 passed in ST No.25/2017 by Second Additional Judge to the court of First ASJ, Seoni the appellants have been been convicted for offence u/s 323 of IPC and sentenced to undergo R.I. for 03 months (each) with fine of Rs.300/- (each) with default stipulations.

Learned counsel for the appellants submitted that appellants have been falsely implicated in the crime in question. The impugned judgment has been passed without appreciating the oral and documentary evidence on record. The appellant was on bail during trial. The appellants have very good case and they

hope to succeed. The trial Court has suspended the jail sentence of the appellants. The maximum sentence is of 03 months. Final disposal of this appeal would take considerable time. Hence, prayed for suspension of sentence and grant of bail to appellant.

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

Considering the aforesaid facts and circumstances of the case, appellants were on bail during trial, trial Court itself had suspended the jail sentence of

appellants, 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 No.1 & 2-Beniram and Dulichand be released on bail on his furnishing a personal bond for a sum of Rs.20,000/- (Rupees Twenty 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 February, 2024 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.21967/2023 is disposed of.

List for final hearing in due course.

(HIRDESH) JUDGE

RM