Madhya Pradesh High Court
Chhotelal vs The State Of Madhya Pradesh on 15 March, 2023
Author: Anjuli Palo
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3484 of 2023
(CHHOTELAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 15-03-2023
Shri Ajay Kumar Jain - Advocate for the appellants.
Shri Pankaj Raj - Panel Lawyer for State.
Record of the Court below be requisitioned.
Heard on I.A. No.5466/2023, which is first application filed on behalf
of the appellants for suspension of sentence and grant of bail.
The appellant No.1-Chhotelal has been convicted by the trial Court under
Section 323 of I.P.C. and sentenced to undergo R.I. for 06 months with fine of
Rs.1,000/-, appellant No.2-Rajkumar has been convicted by the trial Court
under Section 324 of I.P.C. and sentenced to undergo R.I. for 09 months with
fine of Rs.2,000/- and appellant No.3-Aneesh has been convicted by the trial
Court under Section 326 of I.P.C. and sentenced to undergo R.I. for 03 years
with fine of Rs.5,000/- with default stipulations.
Learned counsel for the appellants have submitted that the maximum
sentence awarded to the appellant is 03 years. The jail sentence of the appellants
is suspended till 16.03.2023 by the trial Court as mentioned in their application.
Disposal of this appeal would take considerable time, therefore, the custodial
sentence of the appellants may be suspended and they may be released on bail.
Learned Panel Lawyer has opposed the prayer for bail.
I have heard learned counsel for the appellants and after perusing the
Signature Not Verified
impugned judgment of the trial Court, it appears that there was an open fight
SAN
Digitally signed by NITESH PANDEY
between the parties and counter case was also registered against the
Date: 2023.03.16 10:13:26 IST
complainant party as is reflected in paragraph No.52 of the impugned judgment
of the trial Court.
Although record is not available, however, looking to the nature of
offence, period of jail sentence awarded to the appellants, without commenting
on the merits of the case, I deem it to be a fit case to suspend the custodial
sentence of the appellants and to release them on bail, therefore, this application
is allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond each in a sum of Rs.40,000/-
(Rupees Forty Thousand only) each with one surety each in the like amount
to the satisfaction of the trial Court concerned, the custodial sentence of
appellants shall remain suspended and they shall be released on bail for securing
their presence before the trial Court on 16.08.2023 and on such other dates as
may be fixed in this regard during pendency of this appeal.
The appellants shall regularly appear before the trial Court, on each and
every date, without fail.
List this matter after eight weeks for admission.
(SMT. ANJULI PALO)
JUDGE
Nitesh
Signature Not Verified
SAN
Digitally signed by NITESH PANDEY
Date: 2023.03.16 10:13:26 IST
