Nilesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 8471 MP

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 6978 of 2023
                                           (NILESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-06-2023
                                Shri Jafar Khan - Advocate for the appellants.

                                Shri Pramod Thakre - Govt. Advocate for the respondent /State.

Call for trial Court record.

Heard on I.A.No.12550/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants

pending the appeal.

T h e appellants No.1 and 2 have been convicted for commission of offence under Section 326, 326/34 and 323/34 of IPC and have been sentenced to R.I. for 03-03 years and fine of Rs.2000/- for each offence with default stipulations and appellant No.3 has been convicted for commission of offence under Section 326/34 (on 2 counts) and 323 of IPC and has been sentenced to R.I. for 03 years and fine of Rs.2000/- and Rs.1000/- with default stipulations by the learned First Additional Sessions Judge, Sagar, District Sagar (M.P.) vide judgment dated 17.5.2023 passed in Sessions Trial No.86/2021 (State of

M.P. Vs. Nilesh and others).

Learned counsel for the appellants has submitted that appellants have been released on bail till 17.6.2023 by the trial Court itself. During trial, they were on bail and they have not misused the liberty granted to them b y way of bail. Learned counsel further submitted that they have fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 6/14/2023 10:33:27 AM

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellants.

Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.12550/2023 is allowed. The execution of jail sentence of appellants is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his 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 8.8.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for admission immediately after receipt of record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 6/14/2023 10:33:27 AM