Citation : 2023 Latest Caselaw 18546 MP
Judgement Date : 3 November, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 13620 of 2023
(HARIRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 03-11-2023
Shri Shailendra Singh - Advocate for the appellants.
Shri Ankit Chopra - Advocate for informant/objector.
Ms. Seema Sahu - Panel Lawyer for the respondent/State.
Order on appeal.
Heard learned counsel for the appellants and perused the record and
appeal is ripe for hearing.
The appeal is admitted for final hearing. Lower Court Record be called for within three weeks. Order on IA No.26499/2023 and IA No.26502/2023. The application filed by the appellants sunder Section 389(1) of the Cr.P.C. for grant of bail of the appellants arising out of judgment dated 11.10.2023 delivered in S.T. No.26/2023 passed by learned Sessions Judge, Narsinghpur in connection with Crime No.533/2022 registered at Police Station Suatala.
The appellant No.1 has been convicted under Section 326 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.2000/-, under Section 324 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.1000/- and appellant No.2 has been convicted under Section 323 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.1000/-, with default stipulations.
Learned counsel for the appellant submits that Trial Court has suspended the sentence of the appellant No.2 til 4.11.2023. They have not misused the liberty of bail. Final hearing of this appeal is not possible in near future. They Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 03-11-2023 16:32:43
have convicted and sentenced with maximum punishment of 3 years. Thus, it is prayed that jail sentence of the appellants may be suspended.
Per contra the prayer is opposed by learned Government Advocate for the State and the counsel for the informant/objector has strongly opposed the bail application.
Considering fact and circumstances of the case and submission made by the counsel for the parties, without commenting upon the merits of the case, I d eem i t proper to grant the bail to accused/appellants on their furnishing a personal bond for a sum of Rs. 50,000/- (Rs. Fifty Thousand Only) each with two sureties of the like amount to the satisfaction of the trial Court
concerning during the pendency of this appeal. The fine amount imposed by trial Court shall be deposited before their release if not already deposited.
Accordingly, I.A. is disposed of.
List for final hearing in the Second week of February, 2024.
(RAJENDRA KUMAR-IV) JUDGE
irfan
Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 03-11-2023 16:32:43
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