Citation : 2023 Latest Caselaw 1194 MP
Judgement Date : 19 January, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1062 of 2023
(BHRAT @ BHARAT JATAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 19-01-2023
Shri Madhukar Kulshrestha- Advocate for the appellants.
Shri Anil Shukla- Public Prosecutor for the respondent- State
Heard on the question of admission.
Let record of the Trial Court be called for. Appeal appears to be arguable, is admitted for final hearing.
Also heard on IA No.1330 of 2023 which is first application under Section 389 of CrPC filed on behalf of appellants for suspension of jail sentence and grant of bail.
Each of the appellants has been convicted by the Trial Court vide judgment dated 20th December, 2022 passed in SC No.02 of 2019 under Section 468/120-B of IPC and sentenced to undergo three years rigorous imprisonment with fine of Rs.7,000/- with default stipulation.
It is submitted by learned counsel for the appellants that the trial Court has already suspended the jail sentence of the appellants for two months since
the date of passing of judgment i.e. 20-12-2022 and the fine amount has already been deposited by them.
Per contra, the application is opposed by counsel for the State. Considering the short period of jail sentence as well as the fact that the trial Court has already suspended the jail sentence of the appellant, IA is allowed. On furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of Trial Court concerned, it is directed that the remaining jail Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/20/2023 11:21:59 AM
sentence of the appellants shall remain suspended and they be released on bail. The appellants shall appear before the Office of this Court on 10th April, 2023 and on subsequent dates as may be fixed by the Office in this regard till final disposal of the present appeal.
List the appeal along with record for final hearing in usual course. CC as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
MKB
Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/20/2023 11:21:59 AM
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