Vikas Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 20087 MP

Madhya Pradesh High Court

Vikas Vishwakarma vs The State Of Madhya Pradesh on 30 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 11875 of 2023
                                      (VIKAS VISHWAKARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 30-11-2023
                                  Shri M.K.Shukla- Advocate for appellants.

                                  Shri D.P.Patel - Dy.Government Advocate for respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No.24393 of 2023, which is the first application for

suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant No.2 - Suresh Vishwakarma and appellant No.3 - Dhiresh Vishwakarma.

Appellant has been convicted vide judgment dated 31/08/2023 passed by IVth Additional Sessions Judge, Sidhi in S.T. No.83/2021 for commission of offence punishable under Sections 326 read with 34 of the IPC and sentenced him to undergo R.I. for ten years with fine of Rs.5,000/- each respectively with default stipulations.

Learned counsel for the appellants No.2 and 3 submits that the trial Court

has not properly appreciated the evidence in its proper perspective and committed grave error in convicting appellants No.2 and 3 for aforesaid offence. 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 No.2 and 3 may turn infructuous. Under these circumstances, learned counsel for appellants prays for suspension of jail sentence and release of appellants No.2 and 3 on bail till the final disposal of the appeal.

On the other hand, learned counsel for the State has opposed the contention raised by learned counsel for appellants No.2 and 3 and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case 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 appellant No.2 - Suresh Vishwakarma and appellant No.3 - Dhiresh Vishwakarma shall remain suspended during the pendency of this appeal and they be released on bail subject to depositing fine amount, if not already deposited and upon they furnishing personal bond in the

sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 24/01/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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