Citation : 2023 Latest Caselaw 22065 MP
Judgement Date : 21 December, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12657 of 2023
(LAKHAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 21-12-2023
Shri Ashish Kurmi - Advocate for the appellants.
Shri Ajay Shukla - Government Advocate for the respondent/State.
Heard on I.A. No.24191/2023, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellants arising out of judgment dated 30.09.2023 delivered in S.T. No.40/2017 by Additional
Sessions Judge, Banda District-Sagar (M.P.).
The appellants have been convicted under Sections 325/34 the I.P.C. and sentenced to undergo R.I. for 3 years with fine of Rs.3000/- and Section 323/34 of IPC and sentenced to undergo RI for 3 months with fine of Rs. 1000/- with default stipulations.
Considering the nature of crime and short sentence coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of appellants.
Accordingly, I.A. No.24191/2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellants are hereby suspended and it is directed that appellant No.1 Lakhan Singh, appellant No.2 Deshraj and appellant No. 3 Arbind be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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 trial Court, Banda, District Sagar on 12.02.2024 and also on such other dates as may be fixed by the trial Court in
this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
L.R.
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