[email protected] vs The State Of Madhya Pradesh
2023 Latest Caselaw 4504 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3806 of 2023 ([email protected] AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 21-03-2023 Shri Jafar Khan- counsel for the appellants.

Shri Y.D.Yadav- Government Advocate for the State.

Let record of the court below be requisitioned. Considered I.A.No.6110/2023, which is first application under section 389(1) Cr.P.C. for suspension of sentence on behalf of appellants, namely,

Guddu @ Bhagwandas and Tannu @ Tejram.

Although record is not available, however, it is clear from the impugned judgment dated 28.2.2023 passed by the Sessions Judge, Sagar in S.T.No.90/2022 that the appellant No.1 has been convicted for offences under 325 & 323/34 (two counts) of IPC and sentenced to undergo R.I. for 03 years & 06 months (each count) and fine of Rs.13,000/- & Rs.1000/- respectively with default stipulations. Likewise, appellant No.2 has been convicted for offences under section 325/34 & 323/34 (02 counts) of IPC and sentenced to undergo R.I. for 03 years & 06 months (each count) and fine of Rs.13,000/- &

Rs.1000/- respectively with default stipulations.

Learned counsel for the appellants submitted that appellants are innocent and have been falsely implicated in the crime in question. The trial Court without properly appreciating the oral and documentary evidence available on record has passed the impugned judgment. The appellants were on bail during trial. The jail sentence of appellants has been suspended by the trial Court till Signature Not Verified SAN

31.3.2023. Fine amount has been deposited. Final disposal of this appeal would Digitally signed by RAJESH MAMTANI Date: 2023.03.21 19:45:40 IST

take considerable time. Hence, prayer has been made to suspend the jail

sentence of the appellants.

Learned Government Advocate has opposed the prayer for suspension of sentence and grant of bail.

Considered the over all facts and circumstances of the case; maximum sentence awarded is 03 years; appellants were on bail during trial; fine amount has already been deposited, and final disposal of this appeal would take considerable time to conclude, without commenting on merits of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond 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 sentence of applicants/appellants, namely, Guddu @ Bhagwandas and Tannu @ Tejram shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 21.08.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List this case for admission after 08 weeks.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.03.21 19:45:40 IST