Siyaram vs The State Of Madhya Pradesh
2023 Latest Caselaw 21940 MP

Madhya Pradesh High Court

Siyaram vs The State Of Madhya Pradesh on 20 December, 2023

Author: Hirdesh

Bench: Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 13762 of 2023 (SIYARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 20-12-2023 Shri Om Prakash Tripathi - Advocate for the appellant.

Mr. Kunwar Singh Patel - P.L. for the State.

Considered I.A.No.25871/2023, which is first application u/s 389 (1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellants - Siyaram, Dayaram and Rudra Singh.

Vide impugned judgment dated 18.10.2023 passed in S.T.No.46/2023 by IInd Additional Sessions Judge, Panna, the appellants have been convicted for offences u/s 323/34 (Two counts) of IPC and sentenced to undergo R.I. for 6 months and fine of Rs.500/- for each count, with default stipulations.

Learned Counsel for the appellants submitted that the appellants are innocent and were falsely implicated. They were on bail during trail and have not misused liberty. He has further submitted that there is no independent evidence in the case and trial court only belief upon the statement of the complainant and forged witnesses without supporting the medical evidence and

other evidence. He has further submitted that there is enmity between complainant and appellant and crime under Section 307 IPC is registered against the complainant party. So he prays for suspension of sentence and grant of bail.

Learned counsel for the State opposed the application for suspension of sentence and grant of bail.

After hearing Counsel for both the parties, and on perusal of the record, without commenting on the merit of the case, it is a fit case for grant of bail.

I.A. No.25871/2023 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 Siyaram, Dayaram and Rudra Singh be released on bail on their furnishing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with each one solvent surety of the like amount each to the satisfaction of the concerned trial Court with a further direction to appear before concerned trial Court, on 21th of March, 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.25871/2023 is allowed.

C.C. as per rules

(HIRDESH) JUDGE

nd

Date: 2023.12.21 15:18:23 -08'00'