Ghanshyam Meena vs The State Of Madhya Pradesh
2023 Latest Caselaw 8519 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 6890 of 2023
                                     (GHANSHYAM MEENA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-06-2023
                                Shri Satyam Agrawal - Advocate for the appellants.

                                Shri Ajit Rawat - 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.12119 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 Section 323(02 counts) and have been sentenced to RI for 06-06 months and fine of Rs.1000/- each with default stipulation vide judgment dated 12.5.2023 passed in ST No.78/2022 (State of M.P. vs. Ghanshyam Meena and others) by

1st Additional Sessions Judge Sehore (M.P.).

Learned counsel for the appellants has submitted that appellants have been erroneously convicted by the learned trial Court. They have been released on bail after conviction by the trial Court itself till 15.6.2023. 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, 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.

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.12119 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