Ramesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 580 MP

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   HIGH COURT OF MADHYA PRADESH AT INDORE
             CRIMINAL APPEAL NO.380 OF 2023
        (Ramesh and Another vs The State of Madhya Pradesh)


Indore, Dated 10.01.2023
      Mr. Harshad Gupta, learned counsel for the appellants.
      Mr.    Vishal     Sanothiya,        learned      counsel     for   the
respondent/State.

_____________________________________________________ Let record of the Court below be requisitioned. Heard on IA No.254/2023 which is first application under Section 389 (1) of Criminal Procedure Code, 1973, filed on behalf of appellants namely; Ramesh Bhagat S/o Kalu Bhagat and Sanjay Bhuriya S/o Vesta Bhuriya who have been convicted by learned Second Additional Sessions Judge, Alirajpur, District- Alirajpur (MP) in Session Trial No.69/2019 vide judgment dated 20.12.2022 and has been sentenced them as under:

              Conviction                             Sentence
     Section & Act    Imprisonment        Fine         Imprisonment in
                                         Amount          lieu of fine
      368 IPC for      03 years RI       Rs.2000/-       06 Months RI
        Ramesh
      368 IPC for      03 years RI       Rs.2000/-       06 Months RI
        Sanjay

Counsel for the appellants submits that appellants were on

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.380 OF 2023 (Ramesh and Another vs The State of Madhya Pradesh)

bail during trial and they have not misused the liberty so granted to them. The fine amount has already been deposited by them and the final disposal of appeal is likely to take sufficient long time. Hence prays for suspension of sentence and grant of bail to the appellants.

Per contra, counsel for the respondent/State has opposed the application and prays for its rejection.

After hearing counsel for the parties and taking into consideration the short term jail sentence of appellants and the fact that they were on bail during trial and has not misused the liberty so extended to them and the final conclusion of trial would take sufficiently long time to conclude, accordingly the application IA No.254/2023 is being allowed.

It is directed that substantive jail sentence of appellants namely; Ramesh Bhagat S/o Kalu Bhagat and Sanjay Bhuriya S/o Vesta Bhuriya shall be suspended subject to depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) each with one solvent surety each of like amount to the satisfaction of trial Court for their appearance before the Registry of this Court

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.380 OF 2023 (Ramesh and Another vs The State of Madhya Pradesh)

on 12.04.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA No.254/2023 stands disposed of.

List the appeal for admission after receipt of the record. Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2023.01.10 18:16:46 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.380 OF 2023 (Ramesh and Another vs The State of Madhya Pradesh)