Mahendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 18988 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 10177 of 2023
                                         (MAHENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 08-11-2023
                                Shri M. Shafiqullah - Advocate for appellants.

                                Shri Yadvendra Dwivedi - Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard o n I.A. No.19215/2023 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-Mahendra and Arvind.

T h e appellants have been convicted vide judgment dated 10/07/2023 passed by Second Additional Sessions Judge, Khurai, District Sagar in S.T. No. 6/2021 and appellants have been convicted for offence punishable under Sections 324/34, 304(I)/34 and 506(II) of IPC and sentenced to undergo RI for 3 years, 10 years and 6 months and to pay fine of Rs.3,000/-, Rs.12,000/- for each offence respectively 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. The only allegation against the present appellants is that they have abused the injured/deceased. Instead of that there is no allegation against the appellants to assault the injured/deceased. 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 Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 08-Nov-23 4:36:29 PM

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, learned 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 role attributed to present appellants 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 - Mahendra and Arvind shall remain suspended during the pendency of this

appeal and they be released on bail subject to 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)each with one separate surety 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 .

(ROOPESH CHANDRA VARSHNEY) JUDGE

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Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 08-Nov-23 4:36:29 PM