Rakesh @ Balli Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 10620 MP

                                                        1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                 CRA No. 8758 of 2023
                            (RAKESH @ BALLI CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

               Dated : 11-07-2023
                           Shri Harish Dixit, learned counsel for the appellants.

                           Shri Rohit Shrivastava, learned Panel Lawyer for the respondent-

State.

Heard on admission.

Being arguable, appeal is admitted for final hearing.

Record of the trial Court be called for. Also heard on IA.No.12576 of 2023, 1st application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants.

Vid e judgment dated 22nd June, 2023 passed by the 1st Additional Sessions Judge, Dabra, Distt. Gwalior, in S.T.No.16/2021 appellants have been convicted under Sections 324/34 and 452 of IPC with maximum sentence of 3 years RI.

Learned counsel for the appellants submits that sentence of the appellants

has already been suspended by the trial Court for a period of one month. They have deposited the amount of fine. The appellants have a good case on merits and hearing of the appeal will take time. Hence, prayed for suspension of jail sentence and grant of bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Signature Not Verified Signed by: MADHU SOODAN PRASAD Considering the facts and circumstances of the case, but without Signing time: 12-07-2023 06:03:11 PM commenting upon merits of the case, IA is allowed and it is directed that jail

sentence of appellants will remain under suspension subject to verification that amount of fine has been deposited, on appellants' furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each of the like amount to the satisfaction of concerned Trial Court for appearance before the Principal Registrar of this Court on 18th December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 12-07-2023 06:03:11 PM