Shailendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 18697 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 11442 of 2023
                                      (SHAILENDRA SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-11-2023
                                 Shri Alok Dwivedi - Advocate for appellants.

                                 Shri Pradeep Dwivedi-Government Advocate for the respondent-State.

Heard on I.A. No. 21549 of 2023, an application under Section 389(1) o f the Cr.P.C for suspension of sentence and grant of bail to appellants- Shailendra Singh and Deepak @ Deepu Singh arising out of judgment dated

25.08.2023 delivered in S.T. No. 1900250/2015 passed by 5th Additional Sessions Judge,Rewa.

T he appellants have been convicted for the offence punishable under Sections 323/34 and 435 of IPC and sentenced to undergo fine of Rs. 1,000/- and RI for 2 years with fine of Rs. 4000/- respectively with default stipulations.

Learned counsel for the appellants submit that the appellants were on bail during trial. Their sentence have been suspended by the learned trial court. It is submitted that there is no direct evidence against the appellants and the learned trial Court has relied upon the circumstantial evidence. Learned counsel for the

appellants also submits that there are inconsistencies in the evidence relied upon by the learned trial court and he has fair chances to succeed in appeal and if the sentence is not suspended, the very purpose of the appeal shall be frustrated and the final hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of appellants may be suspended.

Learned State counsel opposed the prayer. Perused the record of the trial court.

Considering the aforesaid factual backdrop without expressing any Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 07-11-2023 17:36:06

opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellants.Accordingly, I.A. No. 21549 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellants are hereby suspended and it is directed that appellants- Shailendra Singh and Deepak @ Deepu Singh be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the

trial Court, Rewa on 19 th of December, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this

appeal.

Certified copy as per rules.

(GAJENDRA SINGH) JUDGE

PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 07-11-2023 17:36:06