Suresh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1478 MP

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                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                               CRA No. 1179 of 2023
                                                   (SURESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 25-01-2023
                                   Mr. Santosh Sahu - learned counsel for the appellants.

                                   Ms. Christopher Anthony - learned Panel Lawyer for the respondent/State.

Heard on I.A. No. 1492 of 2023 which is first application filed by the appellants under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellants have been convicted by the impugned judgment passed by the trial Court for offences punishable under Sections 304-A of the Indian Penal Code and Section 138 of the

Electricity Act and both of them have been sentenced to undergo RI for 2 year (fine Rs.5,000/-) and RI for 1 year (fine Rs.1,000/-), respectively with default stipulation.

Learned counsel for the appellants submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. There are material contradiction and omission in the testimonies of the witnesses. The sentence imposed on the appellants has been suspended by the trial Court till 09.02.2023 and the final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellants may be suspended and they may be released on bail.

Learned Panel Lawyer for the State has opposed the application for suspension of sentence and grant of bail.

I have heard learned counsel for the parties and perused the record. Although record is not available, however, looking to the nature of offence and sentence awarded by the trial Court and that disposal of present appeal would take considerable time, without commenting on merits of the case, I deem it appropriate to suspend the jail sentence of the appellants and to release them on bail. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that execution of remaining jail sentence of the appellants, namely, Appellant No.1- Suresh and Appellant No.2 - Santosh shall remain suspended and they shall be released on Signature Not Verified SAN

bail on their furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) Digitally signed by KOUSHALENDRA SHARAN SHUKLA each with a surety each in the like amount to the satisfaction of the trial Court concerned for Date: 2023.01.27 16:20:58 IST

their appearance before the concerned trial Court on 12.07.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Let the record of the Court below be requisitioned. List the case after eight weeks.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.01.27 16:20:58 IST