Sushil Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 159 MP

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                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                              CRA No. 12221 of 2022
                                                (SUSHIL PANDEY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 03-01-2023
                                         Shri Madan Singh - Advocate for the appellants.

                                         Shri Anil Upadhyay - Panel Lawyer for the respondent/State.

Call for the trial Court record.

Heard on I.A.No.24414/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants

pending the appeal.

T he appellants have been convicted for commission of offence under Sections 327 (two counts) & 329 of I.P.C. and have been sentenced to undergo R.I. for 2 years with fine of Rs. 2000/- on each count and R.I. for 3 years with fine of Rs.3000/- respectively each, with default stipulations by learned Sessions Judge, Damoh vide judgment dated 16.12.2022 passed in Session Trial No.17/2020 (State of MP Vs. Sushil Pandey and another).

Learned counsel for the appellants has submitted that appellants have not committed any offence. They been wrongly convicted by the trial Court.

Learned counsel for the appellants has submitted that in the course of trial appellants were on bail. They have not misused the liberty granted by way of bail during trial. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. It is further submitted that after conviction and passing of jail sentence, learned trial Court itself has suspended the jail sentence of the appellants till Signature Not Verified SAN

13.01.2023. It is submitted that prosecution had not been successful before the Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.01.04 13:07:21 IST trial Court to prove the case. Trial Court has not properly appreciated the

evidence of the prosecution. Therefore, appellants have a fair chance to succeed in this appeal. Hence, it has been prayed that the execution of jail sentence of appellants be suspended and they be released on bail.

O n the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail to the appellants.

Considering the short nature of sentence and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail sentence of the appellants because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.24414/2022 is allowed. The execution of jail

sentence of appellants-Sushil Pandey and Rakesh Patel is hereby suspended subject to depositing the fine amount, (if not already deposited). I t is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 26.05.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for argument on admission after receipt of the record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.01.04 13:07:21 IST