Jayprakash @ Jayku vs The State Of Madhya Pradesh
2023 Latest Caselaw 21989 MP

Madhya Pradesh High Court

Jayprakash @ Jayku vs The State Of Madhya Pradesh on 20 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 15725 of 2023
                                      (JAYPRAKASH @ JAYKU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-12-2023
                                 Shri Anurag Gohil - Advocate for the appellants.

                                 Shri Ajay Tamrakar - Panel Lawyer for the State.

                                 Heard on admission.
                                 Admit.
                                 Let record of the Court below be requisitioned.

                                 Heard on IA Nos.29999/2023, 30001/2023 and 29735/2023 which are
                           first applications under Section 389(1) of Cr.P.C. for suspension of sentence
                           and grant of bail moved on behalf of appellant Nos.1.Jayprakash @ Jyaku,
                           2. Bhuru @ Komalram and 3.Suraj respectively.
                                 Appellants have been convicted and sentenced as mentioned in the
                           impugned     judgment dated 08.12.2023 passed in ST No.100089/2014 by
                           Sessions Judge, District Harda M.P.
                                 Learned counsel for the appellants submitted that the trial Court has
                           already suspended the jail sentence of the appellants till 16/01/2024. Appellants

                           have good care on merit & hope to succeed in the appeal, hence he has prayed
                           for suspension of jail sentence and release of the appellants on bail till the final
                           disposal of the appeal.
                                 On the other hand, learned counsel for the respondent/State has opposed

the prayer and prayed for dismissal of the above applications.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellants and the fact that the trial Court has already suspended the jail sentence of the appellants till 16/01/2024 and according to listing policy

the hearing of this appeal will take time, the applications are allowed and it is directed that the execution of the remaining jail sentence passed against appellants shall remain suspended during the pendency of this appeal and they be released on bail subject to depositing fine amount, if not already deposited and upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 15/02/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course along with the record.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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