Annilal Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 4360 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         CRA No. 3736 of 2023
                                          (ANNILAL YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 20-03-2023
                                Shri Sanjay Ram Tamrakar - Advocate for the appellants.

                                Shri Dilip Shrivastava - Government Advocate for the respondent/State.

Call for trial Court record.

Heard on I.A. No.5855/2023, an application under Section 389(1) of the Code of Criminal Procedure for suspension of execution of jail sentence and

grant of bail.

T he appellants have been convicted for commission of offence under Sections 324, 325 and 325/34 of the Indian Penal Code and have been sentenced to undergo R.I. for one year with fine of Rs.2000/-, R.I. for two years with fine of Rs.3000/- and R.I. for two years with fine of Rs.3000/- respectively with default stipulations vide judgment dated 07.02.2023 passed by learned Sessions Judge, Narsinghpur (M.P.) in S.T. No.157/2020 (State of M.P. Vs. Annilal Yadav and another).

Learned counsel for the appellants has contended that during the course

of trial, appellants were on bail. They have not misused the liberty granted to them by way of bail during trial. Learned trial Court itself released them on bail till 25.03.2023. It is further contended that trial Court has not properly appreciated the evidence as it has not considered the omissions and contradictions appeared in the evidence of prosecution witnesses. Appellants have fair chance to succeed in appeal. Therefore, it has been prayed that the appellants be released on bail.

On the other hand, learned counsel for the respondent/State has opposed Signature Not Verified Signed by: BIJU BABY Signing time:

3/21/2023 3:26:18 PM

the grant of bail to the appellants.

Considering the short period of the sentence and the fact that there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellants.

Accordingly, I.A. No.5855/2023 is allowed. The execution of jail sentence of appellants- Annilal Yadav and Gendalal Yadav 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 10.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the matter for hearing on admission immediately after receipt of record.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified Signed by: BIJU BABY Signing time:

3/21/2023 3:26:18 PM