Man Singh Gond vs The State Of Madhya Pradesh
2023 Latest Caselaw 2432 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 2225 of 2023
                                        (MAN SINGH GOND AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-02-2023
                                  Shri B. J. Chourasiya, learned counsel for the appellants.

                                  S. K. Gupta - Panel Lawyer for the respondent/State.

Call for trial Court record.

Heard on I.A.No.3300/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellants pending

the appeal.

T he appellants have been convicted for commission of offence under Section 325 r/w Section 34 of IPC and have been sentenced to undergo R.I. for 2-2 years and fine of Rs.2000/- each, with default stipulations vide judgment dated 25.1.2023 passed in S.T. No.63/2017 (State of M.P. Vs. Kandhar Singh and others) by Sessions Judge, District Umariya.

Learned counsel for the appellants has submitted that appellants have been erroneously convicted by the learned trial Court. In the course of trial, appellants were on bail and they have not misused the liberty granted by way of

bail. Learned trial Court has not properly appreciated the evidence of prosecution witnesses. It is further submitted that after conviction and passing of jail sentence, learned trial Court itself has suspended the jail sentence of the appellants till 25.2.2023. Appellants have fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, it has been prayed that the appellants be released on bail till the disposal of appeal.

On the other hand, learned counsel for the respondent/State has opposed Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/11/2023 2:34:35 PM

grant of bail to the appellants.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the execution of remaining jail sentence of the appellants.

Consequently, I.A.No.3300/2023 is allowed. The execution of jail sentence of appellants is hereby suspended subject to depositing the fine amount if not already deposited. It is directed that appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty 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 on 13.06.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for hearing on admission immediately after receipt of trial Court record.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/11/2023 2:34:35 PM