Kashiram & Ors. vs The State Of M.P.
2023 Latest Caselaw 18689 MP

                                     1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                              CRA No. 961 of 2004
                   (KASHIRAM & ORS. AND OTHERS Vs THE STATE OF M.P.)

Dated : 06-11-2023
       Shri Narendra Nikhare for the appellant.

       Ms. Saumya Maru, learned Panel Lawyer for the respondent/State.

In compliance of order dared 21.09.2023, the appellants - Laxman and Kashiram have been produced by ASI - Mahesh Thakure from District Jail, Raisen. He be sent back to the same jail from where he has been produced

today to serve the remaining jail sentence.

Heard on I.A. No.26389/2023 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 24.05.2004 delivered in ST No.110/2003 by District Judge, Raisen.

The appellants have been convicted under Section 325/34 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellants submitted that appellants are innocent

person and have been falsely implicated in this case. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellants may be suspended and they be released on bail.

The prayer is opposed by learned Panel Lawyer. Taking into consideration the over all evidence on record and submission made by learned counsel for the appellants, coupled with the fact that hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 26389/2023 is

allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellants is hereby suspended and it is directed that the appellants be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) eac h with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court on 10.01.2024 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the case for final hearing in due course.

C. c. as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

vibha

VIBHA PACHORI 2023.11.07 13:30:46 +05'30'