Jyoti Walkar vs The State Of Madhya Pradesh
2023 Latest Caselaw 2860 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 2410 of 2023
                                        (JYOTI WALKAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-02-2023
                                Shri R.B. Gautam with Smt. Anchan Pandey - Advocates for the

                          appellants.
                                Smt. Arti Dwivedi - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Perused the impugned judgment and record of the trial court.

Since appeal involves arguable points, it is admitted for final hearing. Also heard on IA No. 3587/2023, which is an application for suspension of sentence and grant of bail to appellant.

Appellants have been convicted under Section 332 read with Section 149 and Section 427 of the Indian Penal Code and sentenced to under go rigorous imprisonment for 01 year each with fine of Rs. 1000/- each and in default of payment of fine to further undergo RI for one month each.

Learned counsel for the appellants submits that looking to the facts and circumstances of the case and also the material produced by the prosecution, it

is clear that the court below has not appreciated the evidence in appropriate manner. He further submits that the trial court has already suspended the jail sentence of appellants till 24.02.2023. As such bail application of appellants may be considered and their remaining jail sentence may be suspended.

Considering the aforesaid, though the bail application has been opposed by the learned counsel for the respondent/State, I am inclined to consider and allow the application. Accordingly, IA No. 3587/2023 is allowed.

It is directed that on appellants' furnishing a personal bond in the sum of Signature Not Verified Signed by: RAGHVENDRA SHARAN SHUKLA Signing time: 2/17/2023 11:19:21 AM

Rs.50,000/- (Rupees Fifty Thousand) each with one solvent surety of the like amount each to the satisfaction of the trial Court for their appearance before the Registry of this Court on 14.06.2023 and on all such subsequent dates as may be fixed by the Registry in this regard, remaining jail sentence shall of appellants remain suspended and they shall be released on bail.

List the appeal for final hearing in due course. Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

RAGHVENDRA

Signature Not Verified Signed by: RAGHVENDRA SHARAN SHUKLA Signing time: 2/17/2023 11:19:21 AM