Roadielal vs The State Of Madhya Pradesh
2023 Latest Caselaw 10648 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     CRA No. 7990 of 2023
                                        (ROADIELAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 11-07-2023
                               Shri Shubham Arya - Advocate for the appellants.

                               Ms. Aarti Kumawat - Pl for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing. A l s o heard on I.A.No.9097/2023, which is first application for

suspension of sentence and grant of bail filed under Section 389 of the Cr.P.C. on behalf of appellants - Rodielal and Mangilal.

The trial Court has convicted the appellants under Section 435 of IPC and sentenced to undergo RI for 01 year with fine of Rs.10,000/- with default stipulation, vide judgment of conviction and order of sentence dated 30.05.2023 passed by Sessions Judge, Rajgarh (Biora) in S.T. No.399/2019.

Learned counsel for the appellants submits that the appellants were convicted for the above offences. The trial Court has suspended the sentence of the appellants till 28.07.2023. Disposal of the appeal will take sufficient time

therefore, it is prayed that the remaining jail sentence of the appellants may be suspended and they may be released on bail.

Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellants and prays for its rejection.

I have heard learned counsel for both the parties and perused the record. Considering the short term of sentence and also considering the facts and circumstances of the case, without expressing any opinion on merits of the case, the application I.A. No.9097/2023 is allowed and the jail sentence of the Signature Not Verified Signed by: SHRUTI JHA Signing time: 12-07-

2023 10:18:04

appellants shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellants - Rodielal and Mangilal shall be released on bail, on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Only) each along with solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 11.08.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List in due course.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

Shruti

Signature Not Verified Signed by: SHRUTI JHA Signing time: 12-07-

2023 10:18:04