Brajesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5266 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 3989 of 2023
                                           (BRAJESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 29-03-2023
                                  Shri R. P. Prajapati - Advocate for the appellants.

                                  Shri Santosh Yadav - Deputy Government Advocate for respondent/

State.

Call for trial Court record.

Heard on I.A.No.6211/2023, 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 323/34 (3 counts) of IPC and have been sentenced to undergo R.I. for 6-6 months each by the learned Second Additional Sessions Judge, Rahli District Sagar vide judgment dated 28.02.2023 passed in S.T. No.321/14 (State of MP Vs. Brajesh and others).

Learned counsel for the appellants has submitted that appellants have been released on bail till 13.04.2023 by the trial Court. During trial, they was on

bail and they have 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, 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 appellants.

Considering the short nature of sentence and contention of learned Signature Not Verified Signed by: BIJU BABY Signing time:

3/29/2023 6:51:34 PM

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.6211/2023 is allowed. The execution of jail sentence of appellants- Brajesh, Shankar Lal, Saroj and Rupesh is hereby suspended. 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 in the like amount each to the satisfaction of the trial Court with a further direction to appear before the trial Court on 12.06.2023 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