Smt. Karuna vs The State Of Madhya Pradesh
2023 Latest Caselaw 2735 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                 CRA No. 1591 of 2023
                                              (SMT. KARUNA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                     Dated : 14-02-2023
                                           Shri P.S.Chauhan - Advocate for the appellants.

                                           Shri Vijay Pandey - Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A No.5151/2023 which is an application under Section

389(1) of Cr.P.C for suspension of sentence moved on behalf of appellant.

The appellants have been convicted for offence under Sections 325 of IP C and sentenced to undergo R.I. for 02 years and fine of Rs.500/- with default stipulations vide judgment dated 16.01.2023 passed by learned Special Judge SC/ST (PA) Act, Betul in SCATR No. 10/2018.

Learned counsel for the appellant submits that the appellants are innocent and have been falsely implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in the version of the prosecution witnesses. The jail sentence of

the appellants has been suspended by the Trial Court till 16.02.2023 and during bail they did not misuse the liberty granted to them. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence may be allowed.

Learned counsel for the State on the other hand has opposed the application and prays for its rejection.

Signature Not Verified SAN

In due consideration of the submissions made on behalf of the appellant, Digitally signed by AMITABH RANJAN Date: 2023.02.14 18:01:00 IST

o n perusal of the record and looking to the fact that the jail sentence of the

appellant is already suspended, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, aforesaid I.A. filed on behalf of appellant is allowed and it is directed that subject to deposit of fine amount if already not deposited and on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for their regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

T he appellants, after being enlarged on bail, shall mark their presence before the concerned trial Court on 26.04.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Let the record of the Court below be requisitioned. List in due course for final hearing.

Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

Amitabh

Signature Not Verified SAN

Digitally signed by AMITABH RANJAN Date: 2023.02.14 18:01:00 IST