Subhash Patidar vs The State Of Madhya Pradesh
2023 Latest Caselaw 8141 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 6878 of 2023 (SUBHASH PATIDAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 25-05-2023 Shri Anendra Singh Parihar, learned counsel for the appellants.

Shri Tarun Kushwah, learned Government Advocate for the State.

The matter is taken up for hearing, hence, I.A.No. 7514/2023, application for urgent hearing during summer vacation stands disposed of.

Heard on the question of admission.

Appeal seems to be arguable, hence, admitted for hearing. Also heard on I.A.No. 7513/2023, application for suspension of sentence filed on behalf of the appellants.

This criminal appeal under Section 374 of the Cr.P.C. has been preferred being aggrieved by the judgment dated 26.04.2023 passed by the learned Fifth Additional Session Judge, Dr. Ambedkar Nagar, District Indore in Session Trial No. 12/2019 whereby the appellants have been convicted for committing offence punishable under Sections 326 and 323 r/w 34 of the Indian Penal Code and sentenced to undergo R.I. for three years and three months, respectively

with fine of Rs. 2,000/- and 500/- and default stipulations.

As per the case of the prosecution, the allegation against the appellants is of causing injury to the complainant and her husband with b a ka a n d lathi (stick).

Learned counsel for the appellants submitted that the trial Court erred in appreciating the evidence on record. Appellants were on bail during trial and they have never misused the liberty. Further, the trial Court has suspended the jail sentence of the appellant. There are fair chances of success of this appeal Signature Not Verified Signed by: SREEVIDYA Signing time: 25-05-

2023 19:08:07

and the appeal may take long time for its conclusion and the appellants cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and appellants be released on bail.

On the other hand, learned counsel appearing on behalf of the State opposed the bail application.

Taking into consideration the aforesaid submissions of learned counsel for the parties and the facts and circumstances of the case, without expressing any opinion on the merits of the case, I.A.No. 7513/2023 is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) each with a solvent surety of the like amount to the satisfaction of the trial Court, the execution of jail sentence of appellants Subhash Patidar and Anil Singh shall remain suspended and they be released on bail. Appellants shall appear before the Registry of this Court concerned on 04.09.2023 and on subsequent dates as may be fixed in this regard, till final adjudication of this appeal.

Record of the Court below be requisitioned. Certified copy as per rules

(S. A. DHARMADHIKARI) V. JUDGE vidya

Signature Not Verified Signed by: SREEVIDYA Signing time: 25-05-

2023 19:08:07