Himanshu Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 22272 MP

Madhya Pradesh High Court

Himanshu Yadav vs The State Of Madhya Pradesh on 22 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 15822 of 2023
                                       (HIMANSHU YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-12-2023
                                 Shri Ashutosh Tiwari - Advocate for the appellants.

                                 Ms. Shanti Tiwari - Panel Lawyer for the State.

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

                                 Also heard on I.A.No.29877/2023, which is an application under Section
                           389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf
                           of appellants.
                                 Appellants have been convicted and sentenced as mentioned in the
                           impugned judgment dated 13/12/2023 passed by XV Additional Sessions
                           Judge, Jabalpur in ST No.09/2017.
                                 Learned counsel for the appellants submitted that the trial Court has
                           already suspended the jail sentence of the appellants till 11/01/2024. Appellants
                           have good case on merit and 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 application.

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 11/01/2024 and according to listing policy the hearing of this appeal will take time, the application is 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 each 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 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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