Hari Prajapat vs The State Of Madhya Pradesh
2023 Latest Caselaw 9734 MP

                                                                 1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE

                                                    CRA No. 8015 of 2023
                                      (HARI PRAJAPAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)



                           Dated : 27-06-2023
                                 Shri Yashpal Ahluwalia - Advocate for the Petitioner .
                                 Shri Suhas Pundlik - GA for the respondent/State.

____________________________________________________________ Heard on I.A. no. 9269/2023 for ignoring defects. No defect has been pointed out by the office, therefore, the I.A is disposed of being rendered infructous.

Also heard on I.A. no. 9267/2023 which is an application filed under section 389 (1) of Cr.P.C on behalf of the appellants for grant of bail and suspension of remaining jail sentence.

2/ The appellants have been convicted under section 323/34 of IPC ( three counts) and sentenced to undergo one month R.I with fine of Rs. 1000/- (three counts) with default stipulation.

3/ Learned counsel for the appellants contended that the appellants are innocent and have been falsely implicated in this offence. After passing the judgment, their jail sentence has been suspended by the trial Court. During trial, they remained on bail and have not misused the liberty granted to them. There is material contradictions and omissions in the statement of the prosecution witnesses There is strong case in favour of the appellants. Final disposal of the appeal will take considerable long time. Under these circumstances, he prays that the application be allowed and the remaining jail sentence of the appellants be suspended till final disposal of the appeal.

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 27-06-2023 17:56:03

4/ Learned GA for the respondent/State opposed the prayer for grant of bail and suspension of remaining jail sentence of the appellant by submitting that the appellants have been properly convicted and sentenced by the trial Court.

5/ Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the appellants were remained on bail during trial and have not misused the liberty granted to them and final disposal of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of appellants

6/ Accordingly, IA No. 9267/2023 is allowed and the execution of remaining jail sentence of the appellants is hereby suspended till the final disposal of this appeal and it is ordered that the appellants be released on bail upon their depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000/- each with one solvent surety each the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 12/09/2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Let record of the Court below be requisitioned.

C.C. as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 27-06-2023 17:56:03