Ramsingh Uikey vs The State Of Madhya Pradesh
2023 Latest Caselaw 8517 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 6830 of 2023
                                       (RAMSINGH UIKEY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-06-2023
                                 Shri Himanshu Shrivastava - Advocate for the appellants.

                                 Shri Pradeep Gupta - Govt. Advocate for the respondent/State.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima-facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.11815 of 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.

Appellants have been convicted for commission of offence under Sections 304/34 and 201/34 of IPC and have been sentenced to RI for 03-03 years and fine of Rs.2000/- - Rs.2000/- and Rs.1000/- - Rs.1000/- respectively with default stipulation vide judgment dated 24.4.2023 passed in ST No.95/2020

(State of M.P. vs. Ram Singh Uikey and others) by Additional Sessions Judge, Chaurai, District Chhindwara (M.P.).

Learned counsel for the appellants has submitted that appellants have been erroneously convicted by the learned trial Court. Earlier they were released on bail by the trial Court and even after conviction, they were released on bail till 24.5.2023. They have not misused the liberty granted by way of bail. They have fair chance 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, Signature Not Verified Signed by: DEEPA MISHRA Signing time: 6/14/2023 10:33:27 AM

the purpose of filing this appeal would become futile.

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

Having taken into consideration the short nature of sentence and other material available on record, I deem it proper to suspend the remaining jail sentence of the appellants, pending the appeal.

Consequently, I.A.No.11815 of 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 appellants be released on bail on their 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 for final hearing in due course.

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