Matloob vs The State Of Madhya Pradesh
2023 Latest Caselaw 18412 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                       CRA No. 12815 of 2023
                                     (MATLOOB AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 02-11-2023
                                  Shri S. B. Shrivastava - Advocate for appellants.

                                  Shri D.S. Parihar - Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Let record of Court below be called for.

Also heard on I.A. No.24071 of 2023, which is the first application for suspension of sentence and grant of bail filed under Section 389 (1) of Cr.P.C. on behalf of appellants.

T h e appellants have been convicted vide judgment dated 25/09/2023 passed by Special Judge (Atrocity), Narsinghpur, District Narsinghpur in SC ATR No.243/2017 for commission of offence punishable under Sections 147, 323/149 (two count) of the IPC and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act and sentenced them to undergo R.I. for six months with fine of Rs.500/- each, R.I. for six months with fine of Rs.500/- each (on each count)

and R.I. for six months with fine of Rs.500/- each respectively with default stipulations.

Learned counsel for the appellants submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellants for aforesaid offences. The custodial sentence of appellants have already been suspended by trial Court till 08/11/2023. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 11/3/2023 10:43:15 AM

not been suspended, then the appeal filed by appellants may turn infructuous. Under these circumstances, learned counsel for appellants prays for suspension of jail sentence and release the appellants on bail till the final disposal of this appeal.

O n the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellants and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case, contention o f learned counsel for the appellants coupled with the fact that the custodial sentence of appellants has already been suspended by trial Court till 08/11/2023

and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellants shall remain suspended during the pendency of this appeal and they be released on bail subject to depositing entire fine amount, if already not deposited and upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 22/12/2023 and on such further dates as may be fixed by trial Court in this regard during the pendency of this appeal.

List the appeal for final hearing in due course alongwith the record. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 11/3/2023 10:43:15 AM