Sunil vs The State Of Madhya Pradesh
2023 Latest Caselaw 607 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                          CRA No. 12702 of 2022
                                                (SUNIL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-01-2023
                                  Shri Yogesh Purohit - Advocate for the appellant.

                                  Shri Kapil Mahant - Panel Lawyer for respondent/State.

Heard on IA No. 17119/2022 which is an application for urgent hearing. The matter is taken up today for consideration, therefore, IA 17119/2022 stands disposed of as rendered infructuous.

Also heard on I.A. No. 17120/2022, which is an application under Section 389 of the Cr.P.C. for suspension of custodial sentence on behalf of appellants â€" Sunil and Vasim and for grant of bail. The appellants stands convicted for the offence punishable under Section 411, 420 of IPC and sentenced to undergo 3-3 years RI with fine of Rs.10,000- 10,000/- with usual default stipulation.

Counsel for the appellants submits that while passing final judgment jail sentence of appellants has been suspended by the trial court. The appellants were on bail during trial and they have not misused the liberty granted to them.

Looking to old pendency of the cases for consideration, final conclusion of the case would take sufficient time. There is a strong case in favour of the appellants. In view of the statement of the witnesses, offence is not established against the appellants. Hence, the execution of the remaining part of the jail sentence be suspended and appellants be enlarged on bail. Per contra learned counsel for the State opposes the application and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 11-01-2023 12:14:16

allegation against the appellant and also taking note of the fact that appellants were on bail during the trial, there is no complaint that they have misused the liberty granted to them, final conclusion of the appeal will take long sufficient time, I find it is to be a fit case to suspend the custodial sentence of the appellants.

Accordingly, I.A.No. 17120/2022 is allowed and it is directed that subject to deposit of the fine amount, if not already deposited, with the trial Court and on furnishing personal bond by the appellants in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) each with separate solvent surety in the like amount to the satisfaction of learned trial Court for their appearance before the

Registry of this Court, the execution of remaining custodial part of the sentence of the appellants shall remain suspended till final disposal of this appeal. The appellants after being enlarged on bail shall mark their presence before the Registry of this Court on 2.5.2023 and on all such subsequent dates, which are fixed in this behalf.

Certified copy as per rules.

(ANIL VERMA) JUDGE

BDJ

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 11-01-2023 12:14:16