Rambhan Dwivedi vs The State Of Madhya Pradesh
2023 Latest Caselaw 5265 MP

                                                                  1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 3796 of 2023
                                        (RAMBHAN DWIVEDI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 29-03-2023
                                   Shri H. K. Golhani - Advocate for the appellants.

                                   Shri Santosh Yadav - Deputy Government Advocate for the respondent

/State.

Call for trial Court record.

Heard on I.A.No.6860/2023, an application under Section 389(1) of

Cr.P.C. for suspension of jail sentence and grant of bail to the appellant No.2 - Ramsaras Dwivedi and appellant No.3 Pushpa Devi pending the appeal.

T he appellants have been convicted for commission of offence under Section 325/34 (two counts) of IPC and have been sentenced to undergo R.I. for 07-07 years and fine of Rs.4000/- - Rs.4000/- each with default stipulations by the learned 7th Additional Sessions Judge, Rewa, District Rewa, vide judgment dated 2.3.2023 passed in S.T.No.500001/2016 (State of MP Vs. Rambhan Dwivedi and others).

Learned counsel for the appellants has submitted that appellants have

been released on bail till 31.03.2023 by the trial Court. During trial, they were on bail and they have not misused the liberty granted to them by way of bail. Learned counsel for appellants has further submitted that appellants have fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant. Signature Not Verified Signed by: BIJU BABY Signing time:

3/29/2023 6:51:34 PM

Considering the fact that the offence is bailable and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail sentence of the appellants because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.6860/2023 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) with one solvent surety of the like amount each to the satisfaction of the trial Court with a further direction to appear before the trial

Court on 22.06.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for hearing on admission, immediately after receipt of trial Court record.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified Signed by: BIJU BABY Signing time:

3/29/2023 6:51:34 PM