Kunjbihari Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 18934 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 13994 of 2023 (KUNJBIHARI PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 08-11-2023 Shri Akhilesh Singh - Advocate for appellants.

Shri Pradeep Dwivedi - Panel lawyer for State.

Heard on admission.

Appeal is admitted for hearing.

Record of Court below be requisitioned.

Heard on I.A.No. 26367/2023 (first application), filed by the appellants under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail.

Appellants have been convicted vide impugned judgment dated 20.10.2023 passed by learned 7th Sessions Judge, Rewa (M.P.) in S.T. No.4101000/2016 under Section 323/34 of IPC R.I. for one year with fine of Rs.1000/- each 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 offence. Custodial sentence of appellants have already suspended by trial Court since 20/11/2023. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has 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 of the appellants on bail till the final disposal of the appeal. Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 09-11-2023 19:48:54

On the other hand, 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 coupled with the fact that custodial sentence of appellants have already been suspended b y trial Court since 20/11/2023 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 released on bail subject t o 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) with two surety in like amount to the satisfaction of the trial Court for securing his presence appearance before the trial Court on 22/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

(GAJENDRA SINGH) JUDGE

Shub

Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 09-11-2023 19:48:54