Nafees vs The State Of Madhya Pradesh
2023 Latest Caselaw 3888 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 11715 of 2022
                                          (NAFEES AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-03-2023
                                Shri Sankalp Kochar-Advocate for the appellants.

                                Shri Ramanuj Choubey - Panel Lawyer for respondent/ State.

Trial Court record has been received.

Heard on admission.

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

hearing.

Heard on I.A. No.23635/2022, 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 he appellants have been convicted for commission of offence under Section 325/34 (on 2 counts) and 308/34 of IPC and have been sentenced to 3-3 years RI and fine of Rs.1,000/- for each offence with default stipulation vide judgment dated 28.11.2022 passed in Sessions Trial No.56/2018 (State of M.P. Vs. Nafees and others) by the learned Additional Sessions Judge to 1st

Additional District Sessions Judge, District Raisen.

Learned counsel for the appellants has submitted that appellants have been released on bail till 28.12.2022 by the trial Court. Thereafter, this Court vide its orders dated 26.12.2022, 9.1.2023 and 8.2.2023 has extended the bail of the appellants till today. During trial they were on bail and they have not misused the liberty granted to them by way of bail. Learned counsel further submitted that they have fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, it has been prayed Signature Not Verified Signed by: DEEPA MISHRA Signing time: 3/14/2023 1:35:15 PM

that they be released on bail.

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

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to release the appellants on bail.

Consequently, I.A.No.23635/2022 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 26.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case 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: 3/14/2023 1:35:15 PM