Citation : 2023 Latest Caselaw 18547 MP
Judgement Date : 3 November, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 13787 of 2023
(NEERAJ DWIVEDI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 03-11-2023
Shri R.P. Dwivedi - Advocate for the appellants.
Shri Harish Shukla - 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. Issuance of notice is not required as Panel Lawyer is appearing for the State.
Order on IA No.26418/2023.
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 7.10.2023 delivered in S.T. No.85/2018 passed by learned First Additional Sessions Judge, Kotma District Anuppur in connection with Crime
No.1030/2018 registered at Police Station Bhalumada, Tehsil Kotma District Anuppur..
The appellants have been convicted under Section 326, 34 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.1000/- wit h default stipulations.
Learned counsel for the appellants submits that Trial Court has suspended the sentence of the appellants. They have not misused the liberty of bail. Final hearing of this appeal is not possible in near future. They have been Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 03-11-2023 16:32:43
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.
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 within 15 days, 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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