Ramanand vs The State Of Madhya Pradesh
2023 Latest Caselaw 11183 MP

                                                   1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                            CRA No. 6653 of 2023
                               (RAMANAND AND OTHERS Vs THE STATE OF MADHYA PRADESH)

              Dated : 18-07-2023
                      Shri P.S. Bhadoriya, Advocate for the appellants.

                      Shri P Tanwar, Panel Lawyer for the respondent/State.

Heard on I.A. No. 10811 of 2023, which is Ist application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant No.1 - Ramanand.

This Criminal Appeal assails the judgment dated 04.05.2023 passed by II

Additional Sessions Judge, District Bhind in Sessions Trial No.300321/2015, whereby appellant has been convicted under Section 307/34 of IPC and sentenced to undergo rigorous imprisonment of 7 years with fine of Rs.2,000/- with default stipulation.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellant No.1. There are material omissions and contradictions in the evidence of prosecution witnesses. No active role of the present appellant has been proved by the prosecution in commission of offence. The appellant No.1 was on bail during trial and he has not misused the

liberty so granted to him. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant No.1.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available Signature Noton record.

Verified Signed by: SANJAY NAMDEORAO DURGEKAR Considering the arguments advanced by learned counsel for the parties, Signing time: 18-07-2023 04:07:54 PM

without commenting on merits of the case, I.A.No. 10811/2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant No.1- Ramanand shall remain suspended and he be released on bail. The appellant No.1 is further directed to mark his appearance before the Office of this Court o n 04/09/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Ahmad

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 18-07-2023 04:07:54 PM