Ramsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2078 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 1037 of 2023
                (RAMSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 06-02-2023
      Shri Manish Sharma, learned counsel for the appellants.

      Shri Lokendra Shrivastava, learned Public Prosecutor for the State.
      Heard on the question of admission.
      The appeal being arguable is admitted for final hearing.
      Record of the Court below be called for.
      Also heard on I.A.No.1319/2023, an application for suspension of

sentence and grant of bail moved on behalf of the appellants.
      The trial Court has convicted the appellants under Sections 323, 34 of
IPC and sentenced to undergo one year RI with fine of Rs.1,000/- each with
default stipulation, vide judgment of conviction and order of sentence dated
29/11/2022 passed in Sessions Trial No.233/2019 by Sessions Judge, Shivpuri.
      Learned counsel for the appellant submits that appellants were enlarged
on bail during trial and their jail sentence has already been suspended by the
learned trial Court till 27/02/2023. The appellants have not misused the liberty
granted to them. Learned trial Court has committed error in holding the

appellants guilty for the aforesaid offence. The appeal is of 2023. There is no
likelihood of hearing of appeal in near future. In view of aforesaid, learned
counsel for the appellants prays for suspension of remaining jail sentence and
grant of bail to the appellants.
      Learned counsel for the respondent/State has opposed the prayer.

Having considered the rival submissions and nature of allegations alleged against the appellants and the period of short sentence awarded to appellants

and also considering the fact that there is no likelihood of hearing of this appeal in the near future and the appellants were enlarged on bail during trial, but without expressing any opinion on merits of the case, the application is allowed.

It is directed that jail sentence of the appellants shall remain suspended. It is further directed that subject to depositing the fine amount, if already not deposited, appellants shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with separate solvent surety each in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 10/04/2023,

and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

(ROHIT ARYA) JUDGE

yog

YOGESH VERMA 2023.02.07 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 19:22:37 +05'30'