Pradeep vs The State Of Madhya Pradesh
2023 Latest Caselaw 8900 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 4593 of 2022
                                               (BAGDIRAM Vs THE STATE OF MADHYA PRADESH)

                                                         CRA No. 4301 of 2022
                                                (PRADEEP Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-06-2023
                                Shri Sachin Parmar - Advocate for appellant-Bagdiram.
                                Shri Nilesh Dave - Advocate for appellant-Pradeep.
                                Shri Prashant Jain Gwaliory - GA for respondent/State.

Heard on IA No.5675 of 2023 and IA No.6154 of 2023, which are the applications under Section 389(1) of Cr.P.C. on behalf of the appellants-

Bagdiram and Pradeep for grant of bail and suspension of remaining jail sentence.

Both the appellants have been convicted for the offence under Section 394, 450 of IPC and sentenced to 5 years R.I. with fine of Rs.2,000/- each and 3 years R.I. with fine of Rs.1,000/- each, with usual default stipulation.

Learned counsel for both the appellants submits that during the trial appellant Bagdiram suffered jail incarceration from 7.12.2011 to 14.6.2012 and appellant Pradeep suffered jail incarceration from 7.12.2011 to 7.2.2012 and both the appellants are in custody since 29.4.2022 i.e. from the date of

judgment of the trial Court. Both the appellants are not having any criminal antecedents. They have already suffered actual jail incarceration for a period of more than one and half years. Final conclusion of appeal will take a long sufficient time. Hence he prays for grant of bail and suspension of remaining jail sentence of both the appellants.

Per contra, learned GA for the respondent/State opposes the applications for suspension of sentence and prays for its rejection. Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 16-Jun-23 10:16:10 AM

After considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, nature and gravity of the allegation and also taking note of the fact that both the appellants have already suffered actual jail incarceration for a period of more than one and half years and that final conclusion of these appeals will take a long sufficient time, I deem it proper to suspend the remaining jail sentence of both the appellants.

Accordingly, IA No.5675 of 2023 and IA No.6154 of 2023 are allowed and the execution of remaining jail sentence of the appellants-Bagdiram and Pradeep is hereby suspended till the final disposal of these appeals and it is ordered that the appellants be released on bail on their depositing the fine

amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.75,000/- 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 Registry of this Court on 22.11.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of these appeals.

C.C. as per rules.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 16-Jun-23 10:16:10 AM