Sanjay Kevat vs The State Of Madhya Pradesh
2023 Latest Caselaw 20032 MP

Madhya Pradesh High Court

Sanjay Kevat vs The State Of Madhya Pradesh on 29 November, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11672 of 2023 (SANJAY KEVAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 29-11-2023 Shri Rajendra Yadav - Advocate for the appellants

Shri Devendra Shukla - Panel Lawyer for the State.

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.21935/2023, which is first application under

Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellants.

The appellants have been convicted for the offence punishable under Sections 323/34 (on two counts) and 452/34 (on two counts) of IPC and sentenced to undergo R.I. for 1 year and R.I. for 3 years with fine of Rs.1,000/- and Rs.2,000/- respectively, with default stipulations.

Learned counsel for the appellants submits that the jail sentence of appellants was suspended by the trial court till 20.10.2023 (as mentioned in the application). Thereafter, this court vide order dated 19.09.2023 has extended

the period of bail of appellants from 20.10.2023 to 20.12.2023. The maximum jail sentence of appellants is of three years and they were on bail during trial and d id not misuse the liberty granted to them and also the appeal would take considerable time to conclude. They are ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

Learned counsel for the State has opposed the application and pray for

its rejection.

Heard learned counsel for the parties and perused the judgment and record of the court below.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellants under the impugned judgment deserves to be suspended. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that subject to deposit of fine amount, if already not deposited and on furnishing a personal bond by the appellant in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of learned trial Court for their regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till final disposal of this appeal. The appellants, after being enlarged on bail, shall mark their presence before the concerned trial Court on 25.01.2024 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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Date: 2023.11.30 16:03:13 +05'30'