Premlal vs The State Of Madhya Pradesh
2023 Latest Caselaw 21839 MP

Madhya Pradesh High Court

Premlal vs The State Of Madhya Pradesh on 19 December, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 13061 of 2023 (PREMLAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 19-12-2023 Shri Rajkamal Chaturvedi - Advocate for appellants.

Smt. Ranjana Agnihotri - Deputy Govt. Advocate for State.

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A.No.24565/2023, 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 namely, Premlal Yadav, Bhagirath alias Jalam Yadav, Ganesh Yadav, Ratiram alias Bitwa, Achhelal Yadav and Khilan alias Khilla.

Appellants Ratiram alias Bitwa, Premlal Yadav, Khilan alias Khilla, Bhagirath alias Jalam Yadav, Ganesh Yadav and Achhelal Yadav have been convicted for the offence punishable under Sections 326 and 323/34 (each on two counts) of IPC and sentenced to undergo R.I. for 2 years and R.I. for 6 months (each on two counts) with fine of Rs.2,000/- to each on each count

respectively, with default stipulations.

Learned counsel for the appellants submits that the jail sentence of appellants was suspended by the trial Court till 04.11.2023 (as mentioned in the application). Thereafter, this Court vide order dated 25.10.2023 has further extended the period of bail of appellants for a period of two months from 04.11.2023 to 04.01.2024. The maximum jail sentence of appellants is of 2 years and they were on bail during trial and did not misuse the liberty granted to them and also the appeal would take considerable time to conclude. They are ready

to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State has opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the record. Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellants under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this

application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellants shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 16.02.2024 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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