Surendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 7151 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 6046 of 2023
                                          (SURENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-05-2023
                                 Shri Kamlesh Mishra - Advocate for the appellants.

                                 Shri Vinay Sharma - Panel Lawyer for the respondent/State.

Heard on admission.

Appeal is admitted for hearing.

Heard on I.A No. 9781 of 2023, an application under Section 389(1) of

the Cr.P.C for suspension of sentence and grant of bail to appellants Surendra and Rajendra arising out of judgment dated 27/04/2023 delivered in S.T. No.69/2018 by the 1st Additional Sessions Judge, Tikamgarh.

This appellants have been convicted under Section 325/149 of the I.P.C. and sentenced to undergo R.I. for 2 years each with fine of Rs.500/-, under Section 323/149 of I.P.C. and sentenced to undergo R.I. for 6 months each with fine of Rs.500/- and under Section 148 of I.P.C. and sentenced to undergo R.I. for 6 months each with fine of Rs.500/- with default stipulation.

L e a r n e d counsel for the appellants submitted that

appellants/applicants are innocent and have been falsely implicated in the crime in question and were on bail during the trial. The trial Court has not properly appreciated the oral and documentary evidence available on record. Final disposal of instant appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellants/applicants.

Learned Panel Lawyer opposed the prayer for suspension of sentence.

Signature Not Verified Signed by: APARNA TIWARI Signing time: 5/3/2023 11:07:39 AM

Heard learned counsel for the parties.

Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellants Surendra and Rajendra. Accordingly, I.A No. 9781 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellants Surendra and Rajendra are hereby suspended and it is directed that these appellants be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Thirty 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, Tikamgarh on 12 th July, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Record of the trial court be requisitioned. List this case for final hearing in due course. Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 5/3/2023 11:07:39 AM