Jagmohan vs The State Of Madhya Pradesh
2023 Latest Caselaw 836 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                              CRA No. 453 of 2023
                (JAGMOHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 13-01-2023
       Shri H.K. Shukla - Advocate for appellants.

       Shri Lokendra Shrivastava - Public Prosecutor for the State.
       Let record of the trial Court be requisitioned.
       Heard on the question of admission.
       The appeal being arguable is admitted for final hearing.
       Heard on I.A.No.468/2023, an application for suspension of sentence

and grant of bail filed on behalf of appellants No.1 to 4.
       The trial Court has convicted the appellants under Section 323/34 of IPC
and sentenced to undergo three months' RI with fine of Rs.500/-, in default to
suffer further 15 days simple imprisonment, vide judgment of conviction and
order of sentence dated 16.12.2022 passed by Additional Sessions Judge,
Raghogarh, District Guna in S.T.No.29/2022.
       Learned counsel for the appellants submits that it has been alleged against
the appellants that they assaulted Haricharan, Bablu and Purshottam and caused
simple injuries to them. He further submitted that the trial Court has not properly

appreciated the evidence available on record. The appellants were on bail during
trial and they have not misused the liberty granted to them. Learned trial Court
has committed error in holding the appellants guilty for the aforesaid offences.
The trial Court had already suspended his sentence till 16.01.2023. There is no
likelihood of hearing of appeal in near future. In view of aforesaid, learned
counsel for the appellants prays for suspension of remaining jail sentence and
grant of the bail to the appellants.
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         Learned counsel for the respondent/State has opposed the prayer.

Heard learned counsel for both the parties. Having considered the rival submissions, the appellants No. 1 to 4 were on bail during trial and they did not misuse the liberty granted to them, trial Court has already suspended the sentence till 16.01.2023, conclusion of the trial will take time, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellants No.1 to 4 shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellants No.1 to 4 shall be released on bail on furnishing personal

bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with separate solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 24.02.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.is allowed.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Aman

AMAN TIWARI 2023.01.13 18:32:15 +05'30'