Madhya Pradesh High Court
Avtar Singh vs The State Of Madhya Pradesh on 18 May, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6709 of 2023
(AVTAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 18-05-2023
Shri Ambuj Jain - Advocate for the appellants.
Shri Rajeev Kumar Pandey - Panel Lawyer for the respondent /State.
Call for trial Court record.
Heard on I.A. No.11432/2023, an application for urgent hearing and
urgent relief during summer vacation.
On due consideration, I.A. No.11432/2023 is allowed.
Also heard on I.A.No.11047/2023, 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.
The appellants have been convicted for commission of offence under
Section 325 (On 2 counts) of IPC and has been sentenced to R.I. for 03 years
and fine of Rs.3000/- with default stipulations and under Section 323 (on 4
counts) and has been sentenced to R.I. for 01 year and fine of Rs.1000/- with
default stipulations by the learned Additional Sessions Judge, Berasiya, District
Bhopal (M.P.) vide judgment dated 28.4.2023 p as s ed in Sessions Trial
No.366/2016 (State of M.P. Vs. Avtar Singh and others).
Learned counsel for the appellants has submitted that appellants have
been released on bail till 27.5.2023 by the trial Court itself. During trial,they were
on bail and they have not misused the liberty granted to them b y way of bail.
Learned counsel further submitted that they have fair chances to succeed in
appeal. There is no possibility of coming of this appeal for hearing in near
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 5/19/2023
11:14:51 AM
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
counsel for the appellant, I deem it proper to suspend the remaining jail
sentence of the appellant because final hearing of this appeal is not possible in
near future.
Consequently, I.A.No.11047/2023 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 appellant be released
on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees
Fifty thousand only) with one solvent surety of the like amount to the
satisfaction of the trial Court with a further direction to appear before the trial
Court on 1.8.2023 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 admission immediately after receipt of record.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
V. JUDGE
mrs. mishra
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 5/19/2023
11:14:51 AM
