Radheshym @ Radhe vs The State Of Madhya Pradesh
2023 Latest Caselaw 2080 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                               CRA No. 1800 of 2023
             (RADHESHYM @ RADHE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 06-02-2023
         Shri J.S. Rathor, learned counsel for the appellants.

         Shri Ravindra Kushwaha, learned Deputy Advocate General, for the
State.
         Heard on admission.
         Appeal appears to be arguable, hence admitted.
         Records of the Court below be requisitioned.

         Also heard on I.A.No.2364/2023, an application for suspension of
sentence and grant of bail moved on behalf of the appellant.
         The trial Court has convicted the appellants under Section 323/34 of IPC
and sentenced to undergo one year RI with fine of Rs.1000/- with default
stipulation, vide judgment of conviction and order of sentence dated 20/01/2023
passed in Sessions Trial No.08/2018 by Additional Sessions Judge, Dabra
District Gwalior.
         Learned counsel for the appellant submits that appellants are innocent
and have falsely been implicated in the crime. The appellants' jail sentence has

already been suspended by the trial Court itself till 19.02.2023. They 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 the fact that the appellants' jail sentence has already been suspended by the trial Court itself till 19.02.2023, and there is no likelihood of hearing of this appeal in the near future, 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' 19:21:08 +05'30'