Deepak @ Deepu vs The State Of Madhya Pradesh
2023 Latest Caselaw 16276 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         CRA No. 8543 of 2023
                                       (DEEPAK @ DEEPU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-10-2023
                                Shri Ghanshyam Pandey - Advocate for appellants.

                                Ms. Seema Jaiswal - Panel lawyer for respondent/State.

Record of the trial Court has been received. Heard on admission.

This appeal being arguable is admitted for final hearing.

Heard on I.A No.15896/2023, which is the firs t 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 under Section 342/34 and sentenced to undergo RI for 6 months and fine of Rs.1,000/- each and under Section 323/34 of IPC and sentenced to undergo RI for 6 months and fine of Rs.1,000/- each with default stipulations.

Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the matter. He also submits that the

trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellants for aforesaid offence. 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.

On the other hand, learned counsel for the State has opposed the application and prays for its rejection. Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 05-Oct-23 4:52:29 PM

Heard counsel for the parties and perused the record. 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 sentences awarded to the appellants under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellants

shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 01.12.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 05-Oct-23 4:52:29 PM