Sanjay Verma vs The State Of Madhya Pradesh
2023 Latest Caselaw 18936 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 14037 of 2023 (SANJAY VERMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 08-11-2023 Shri Ravendra Shukla - Advocate for appellants.

Shri Saurabh Shukla - Panel lawyer for State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Record of Court below be called for.

Also heard o n I.A. No.26453/2023, t h is is first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellants.

T h e appellants have been convicted vide judgment dated 10/10/2023 passed by 2nd Additional Sessions Judge, Satna in S.T. No. 224/2016 and appellants have been convicted for offence punishable under Sections 147 of IPC and sentenced to undergo RI for one year and directed to pay fine of Rs.1,000/-, Section 342 of IPC and sentenced to undergo RI for one year and directed to pay fine of Rs.1,000/- and Section 323/149 of IPC and sentenced to

undergo RI for one year and directed to pay fine of Rs.1,000/- with usual 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 09/11/2023. 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 Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 09-11-2023 19:46:01

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.

O n 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 09/11/2023 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 his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with two sureties in like amount to the satisfaction of the trial Court for securing their 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 19:46:01