Chhotu @ Rupesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7793 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 6390 of 2023 (CHHOTU @ RUPESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-05-2023 Shri Vipin Babu Sharma - Advocate for the appellants.

Shri Pramod Pachouri - Public Prosecutor for the State.

Heard on IA.No.8465/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants namely, Chhotu @ Rupesh, Bhagwat Singh and Jamnalal.

Vid e judgment dated 26.04.2023 passed in S.T.No.07/2019 by I st Additional Sessions Judge, Sironj District Vidisha, appellants namely - Chhotu and Bhagwat Singh have been convicted under Sections 324/34 (2) of IPC and sentenced to undergo 1 - 1 years' RI with fine of Rs.2,000 - 2,000/- and appellant - Jamnalal has been convicted under Section 324 of IPC and sentenced to undergo 1 years' RI with fine of Rs.2,000/-, with default stipulations.

It is submitted by counsel for the appellants that appellants were on bail during trial and they did not misuse the liberty granted to them. Fine amount has

already been deposited by the appellants. It is also submitted that learned trial Court has already suspended jail sentence of the appellants for a period of one month. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellants be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 5/12/2023 11:22:59 AM

parties and the fact that an early hearing of this case is not possible and that learned trial Court has already suspended jail sentence of the appellants for a period of one month, I.A. No.8465/2023 is allowed.

It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on

bail.

Application (I.A. No.8465/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 5/12/2023 11:22:59 AM