Deepak vs The State Of Madhya Pradesh
2023 Latest Caselaw 7140 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 5984 of 2023
                                         (DEEPAK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 02-05-2023
                               Shri Mahesh Kumar - Advocate for the appellants.

                               Shri Vinod Tiwari - P.L. for the respondent-State.

Heard on admission.

This appeal is admitted for hearing.

Heard on IA No. 9653/2023 for suspension of remaining jail sentence and

grant of bail to appellants namely, Deepak Jain and Sourabh Goswami arising out of judgment dated 20.04.2023 delivered in S.T. No. 161/2017 by

VIIIth Additional Sessions Judge, Sagar, M.P.

T he appellants have been convicted under Section 147 of IPC and sentenced to undergo RI for 1 year with fine of Rs.3,000/- and Section 436 R/w 149 (8 count) of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.5,000/-, under Section 427 R/w 149 (7 count) and sentenced to undergo RI for 1 year (for every count) with fine of Rs. 1,000/- with default stipulations.

Learned counsel for the appellants submits that Trial Court has already

suspended the sentence of all the appellants till 20.05.2023. Learned Trial Court without appreciating the evidence convicted the appellant wrongly for the aforesaid offences. The final hearing of this appeal will take time, therefore the remaining jail sentence of these appellants be suspended.

The prayer is opposed by learned counsel for the State. Looking to the facts and circumstances of the case and the period of sentence awarded by the trial court and the fact that the sentence of appellants has already been suspended by the Trial Court, I deem it proper to suspend the Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 5/3/2023 10:47:47 AM

remaining jail sentence of these appellants.

Accordingly, aforesaid IA is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of these appellants- namely- Deepak Jain and Sourabh Goswami is hereby suspended and it is directed that these appellant be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount each to the satisfaction of the concerned trial court with a further

direction to appear before the concerning trial court, on 11 th September, 2023 and also on such other dates, as may be fixed by the trial court in this

regard during the pendency of this appeal.

C c as per rules.

List for final hearing in due course along with connected matters.

(ROOPESH CHANDRA VARSHNEY) JUDGE

Akm

Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 5/3/2023 10:47:47 AM