Ramprasad vs The State Of Madhya Pradesh
2023 Latest Caselaw 848 MP

                                                         1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE

                                             CRA No. 551 of 2023
                                (RAMPRASAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)



              Dated : 13-01-2023
                          Shri Sourabh Sonkar, learned counsel for the appellant .
                          Shri Sudhanshu Ukas Pl appearing on behalf of Advocate General.
             ____________________________________________________________
                          Heard on I.A. no. 397/2023, which is an application filed under
             section 389 (1) of Cr.P.C on behalf of appellants Ramprasad and
             Murtuza Ali for grant of bail and suspension of remaining jail sentence.
                          Learned counsel for the appellants contended that the appellants
             have been convicted under section 120=B/420 of IPC and sentenced to
             undergo three years R.I with fine of Rs. 2500/- each                   with default
             stipulation. After passing the judgment, their jail sentence has been
             suspended by the trial Court. Appellant no. 1 Ramprasad is 84 years old
             person. During trial, they were remained on bail and they have not
             misused the liberty granted to them. There is strong case in favour of the
             appellants. Final hearing of the appeal will take considerable long time.
             Under these circumstances, he prays that the application be allowed and
             the remaining jail sentence of the appellants be suspended till final
             disposal of the appeal.

                          Learned GA for the respondent/State opposed the prayer for grant

of bail and suspension of remaining jail sentence of the appellants by submitting that the appellants have been properly convicted and sentenced by the trial Court.

Considering all the facts and circumstances of the case, arguments advanced Signature Not Verified by both the parties as also taking note of the fact that the Signed by: AMOL N MAHANAG Signing time: 1/13/2023 6:15:10 PM

appellants were remained on bail during and they have not misused the liberty granted to him them; appellant no. 1 Ramprasad is 84 years old person and final hearing of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of appellants

Accordingly, IA No.397/2023 is allowed and the execution of remaining jail sentence of the appellants is hereby suspended till the final disposal of this appeal and it is ordered that the appellants be released on bail upon their depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000/- each with one solvent surety each of the like amount to the satisfaction of the trial Court, with a further direction to appellant no.2 Murtuza Ali to appear before the Registry of this Court on 02/05/2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal and appellant no.1 Ramprasad to appear before the trial Court concerned on 02/05/2023 and on such other dates as may be fixed by the trial Court concerned.

Let record of the Court below be requisitioned.

C.C. as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 1/13/2023 6:15:10 PM