Bhagwan vs The State Of Madhya Pradesh
2023 Latest Caselaw 8181 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRR No. 2275 of 2023
                                          (BHAGWAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-06-2023
                                 Shri R.R. Bhatnagar, learned counsel for the petitioner.

                                 Ms. Bharti Lakkad, learned G.A. for respondent/State.

Heard on the question of admission.

Call for the record of the lower courts.

Heard on I.A.No. 7658/2023, which is first application filed under

Section 397 of the Cr.P.C.on behalf of the petitioners.

The petitioners have been convicted for offence punishable under Section 323/34 of IPC (four counts) and sentenced to undergo 01 month of RI with fine of Rs.100/- and Section 325/34 of IPC and sentenced to undergo 03 months of RI with fine of Rs. 200/- with default stipulation by judgment dated 18.05.2023 passed by Second Additional Sessions Judge, Jaora District Ratlam (MP) in Criminal Case No.05/2021.

Learned counsel for the petitioners has submitted that the petitioners have not committed any offence and they have falsely been implicated in the case.

They are lodged in jail since 18.05.2023 and the final disposal of the petition is likely to take sufficient long time. Under these circumstances and looking to the short sentence imposed on the petitioners, counsel for the petitioners prays for suspension of jail sentence of the petitioners and grant of bail to them.

Learned Government Advocate for the respondent /State on the other hand has opposed the prayer and prayed for rejection of the application for suspension of sentence of the petitioners. Considering the fact and circumstances of the case, I am inclined to allow the Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 02-06-2023 14:09:31

application for suspension of jail sentence and release them on bail. Accordingly, without expressing any opinion on merits of the case, 7658/2023, application for suspension of jail sentence filed on behalf of petitioners is allowed.

It is directed that the execution of jail sentence awarded to the petitioners shall remain suspended, subject to each of him depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with local solvent surety each in the like amount to the satisfaction of the trial Court for his appearance before trial Court o n 25.08.2023 and on such other dates as may be fixed by the concerned

Court in this regard.

In view of the aforesaid, I.A.No.7659/2023, which is an application of early hearing stands disposed off.

C. c. as per rules.

(SUBODH ABHYANKAR) V. JUDGE

Vatan

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 02-06-2023 14:09:31