Madhya Pradesh High Court
Prahlad vs The State Of Madhya Pradesh on 25 January, 2023
Author: Deepak Kumar Agarwal
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1140 of 2023
(PRAHLAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 25-01-2023
Shri Jitendra Singh Kushwah, learned counsel for appellants.
Shri Pramod Pachori, learned Public Prosecutor for State.
Heard on I.A.No.1464/2023, first application u/Sec. 389(1) of Cr.P.C.
for suspension of sentence and grant of bail filed on behalf of appellants.
This criminal appeal has been filed against the judgment dated 29.12.22
passed in S.T. No.04/2019 by Additional Sessions Judge Vijaypur District
Sheopur whereby appellants have been convicted and sentenced under Section
325 of IPC for 1 year RI with fine of Rs.1000/-, under Section 323 of IPC for 3
months RI with fine of Rs.500/-, under Section 323/34 of IPC (2 counts) for 3
months RI with fine of Rs.500/-, under Section 323 of IPC (3 counts) for 3
months RI with fine of Rs.500/-, under Section 323/34 of IPC for 3 months RI
with fine of Rs.500/- under Section 323 of IPC (2 counts) for 3 months RI with
fine of Rs.500/-, under Section 323/34 of IPC for 3 months RI with fine of
Rs.500/-with default stipulation.
It is submitted by counsel for the appellants that the appellants were on
bail during trial and did not misuse the liberty granted to them The trial Court
had already suspended the jail sentence of appellants for a period of one month.
Appeal is of the year 2023 which may take long time for it's conclusion. Under
these circumstances, the execution of sentence be suspended and the appellants
be released on bail.
On the contrary, learned counsel for the State opposed the application
and prayed for its rejection.
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 25-Jan-23
5:49:16 PM
Keeping in view of the aforesaid submissions of learned counsel for the
parties and the fact that an early hearing of this case is not possible and that trial
court has already suspended the jail sentence of appellants for a period of one
month, I.A. No.1464/2023 is allowed.
It is therefore, directed that if appellants deposit the entire fine amount, if
not already deposited, and furnish a personal bond in the sum o f Rs.50,000/-
(Rupees Fifty Thousand Only) each with one solvent surety of the like
amount to the satisfaction of concerned Trial Court for their appearance before
the Principal Registrar of this Court on 10th July,2023 and on such further
dates as may be fixed by the office in this regard, sentence of imprisonment
awarded to them shall remain suspended till further orders and they shall be
released on bail.
Application (I.A. No.1464/2023) is allowed and disposed of.
A copy of this order be sent to the trial Court concerned for necessary
compliance.
Certified copy/e-copy as per rules/directions.
(DEEPAK KUMAR AGARWAL)
JUDGE
ojha
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 25-Jan-23
5:49:16 PM
