Rampal Bijori vs The State Of Madhya Pradesh
2023 Latest Caselaw 10635 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 8421 of 2023
                                       (RAMPAL BIJORI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-07-2023
                                Shri Rajiv Jain- Advocate for the appellants.

                                Shri Ashish Kurmi - Panel Lawyer for the respondent/State.

Call for the trial Court record.

Heard on I.A. No.15640/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant No.1 to 6,

pending the appeal.

Appellant No.5 is directed to surrender before the trial Court as his I.A. No.15640/2023 has become infructuous as far as appellant No.5- Ramswaroop is concerned.

Accordingly, I.A. No.15640/2023 so far as it relates to appellant No.5- Ramswaroop is dismissed as withdrawn.

Appellants have been convicted for commission of offence under Sections 326 read with Section 149 (on 2 counts) of IPC and have been sentenced to undergo S.I. for 03 years, and fine o f Rs.2000/-, with default

stipulations vide judgment dated 15.6.2023 delivered by Additional Sessions Judge, Berasiya, District Bhopal, in S.T. No.943/2015 (State of M.P. Vs. Rampal Bijori and others).

Learned counsel for the appellants has submitted that appellants have not committed any offence. They have been erroneously convicted by the trial Court. 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 Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/12/2023 10:39:31 AM

of bail during trial. The appellants have fair chance to succeed in the appeal. 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 order of jail sentence, learned trial Court itself has suspended the jail sentence of the appellants till 15.7.2023. Therefore, if the execution of jail sentence of appellants No.1, 2, 3, 4 and 6 is n o t suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellants No.1, 2, 3, 4 and 6 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 No.1,2,3,4 and 6.

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 No.1, 2, 3,4 and 6.

Consequently, I.A. No.15640/2023 so far as it relates to appellants No.1, 2, 3, 4 and 6 is allowed. The execution of jail sentence of appellants- Rampal Bijori, Jagdish Bijori, Sulinder Singh @ Sulinder Bijori, Harimohan Bijori and Kamal Singh Bijori is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants No.1,2, 3, 4 and 6 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 4.9.2023 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. Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/12/2023 10:39:31 AM

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/12/2023 10:39:31 AM