Dwarika Prasad vs The State Of Madhya Pradesh
2023 Latest Caselaw 764 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 594 of 2023
                                         (DWARIKA PRASAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-01-2023
                                Shri Dharmendra Kumar Shah - learned counsel for the appellants.

                                Shri S. K. Yadav - learned Dy. Govt. Advocate for the respondent/State.

Call for the trial Court record.

Heard on I.A. No.615/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellants, pending the

appeal.

Appellants h a v e been convicted for commission of offence under Sections 325/34 of IPC and have been sentenced to R.I. for 3 years each and fine of Rs.1000/- each with default stipulation and under Section 323/34 (on 5 counts) and have been sentenced to undergo R.I. for 6-6 months for each count vide judgment dated 19.12.2022 passed in S.T. No. No.51/2017 (State of M.P. vs. Dwarika Prasad and others) by Ist Additional Sessions Judge, District Anuppur (M.P.).

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 14.2.2023. It is submitted that prosecution had not been successful before the trial Court to prove the case. Trial Court has not properly appreciated the evidence of the prosecution witnesses. Therefore, appellants Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/13/2023 10:58:01 AM

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.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellants.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellants.

Consequently, I.A. No.615/2023 is allowed. The execution of jail sentence of appellants is hereby suspended subject to depositing the fine

amount, if not already deposited. It 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 each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 9.6.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for arguments on admission after receipt of record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/13/2023 10:58:01 AM