Santosh vs The State Of Madhya Pradesh
2023 Latest Caselaw 8192 MP

                                                                         1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT INDORE
                                                                 CRA No. 7109 of 2023
                                                    (SANTOSH AND OTHERS Vs THE STATE OF MADHYA PRADESH)



                                   Dated : 05-06-2023
                                     Ms. Anita Jain, counsel for the appellants.

                                     Shri Bhuwan Deshmukh, G.A. for State.


                                      Let record of the court below be requisitioned.

                                      Heard on I.A.No. 8119 of 2023 which is application under section 389 Cr.P.C.

                                   for suspension of sentence and grant of bail moved on behalf of appellants

                                   Santosh, Dashrath and Smt. Shakunbai.

                                      Appellants have been convicted under Sections 307/34 and 323 of IPC and

                                   sentenced to undergo 03 years RI with fine of Rs.2,000/- each and 6 months RI

                                   wih fine of RS.500/- each with default stipulation vide judgment dated 17.5.2023

                                   passed by 27th ASJ, Indore in S.T.No. 720/2013.

                                       Learned counsel for the appellants submits that appellants were on bail during

                                   trial and after the conviction, their jail sentence has been suspended by the trial

                                   court itself upto 23.06.2023.    There is no likelihood of early hearing of appeal in

                                   near future. Hence, it is prayed that application for suspension of sentence be

                                   allowed.

                                     Learned Govt. Advocate for the respondent/State opposes the prayer.

Taking into consideration that appellants were on bail during trial and they have

not misused the liberty and their jail sentence has been suspended by the trial

court itself and final hearing of the appeal is likely to take time, this Court is of the

considered view that it is a fit case for suspension of the sentence and grant of bail

to the appellants. Hence, without expressing any opinion on merits of the matter

I.A.No.8119/2023 is allowed and jail sentence of the appellants shall remain Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 06-Jun-23 11:38:27 AM

suspended.

It is directed that subject to depositing the fine amount, if already not

deposited, they shall be released on bail, on furnishing a personal bond in the sum

of Rs.50,000/- (Rupees Fifty thousand only) each alongwith a solvent surety each

in the like amount to the satisfaction of Trial Court, for their appearance before

the Registry of this Court firstly on 17.10.2023 and on such other dates, as may

be fixed by the Registry in this regard, till final disposal of this appeal.

List for admission after receipt of record.

Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) V. JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 06-Jun-23 11:38:27 AM