Fattu vs The State Of Madhya Pradesh
2023 Latest Caselaw 1753 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 656 of 2022 (FATTU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 31-01-2023 Shri M.L. Tomar, learned counsel for appellants.

Shri Pramod Pachori, learned Public Prosecutor for State.

Heard on I.A.No.1052/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.3- Gokul and appellant No.4-Lallaram

This criminal appeal has been filed against the judgment dated 28.12.2021 passed in S.T. No.100012/2015 by First Additional Sessions Judge Ganbasoda District Vidisha whereby appellants have been convicted and sentenced under Section 308 r/w 149 of IPC for five years RI with fine of Rs.1500/- each with default stipulation.

It is submitted by counsel for the appellants that the appellants were on bail during trial and they did not misuse the liberty granted to them. Fine amount has already been deposited by the appellants.During trial, appellant No.3-Gokul remained in jail from 04.11.2014 to 15.11.2014 and thereafter since the date of

judgment, he is in jail and appellant No.4-Lallaram remained in jail from 04.11.2014 to 15.11.2014 and thereafter since the date of judgment, he is in jail. Appeal is of the year 2022 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.

Keeping in view of the aforesaid submissions of learned counsel for the Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 31-Jan-23 6:10:07 PM

parties and the fact that an early hearing of this case is not possible, I.A. No.1052/2023 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 18th 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.1052/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 31-Jan-23 6:10:07 PM