Hallu @ Ravi Shankar vs The State Of Madhya Pradesh
2023 Latest Caselaw 16381 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11940 of 2023 (HALLU @ RAVI SHANKAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 05-10-2023 Shri Manoj Tiwari - Advocate for the appellant.

Shri C.M. Tiwari - Government Advocate for the State.

Let the record of the trial Court be requisitioned. Also heard on IA No.22425/2023, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf

of appellants namely Hallu @ Ravi Shankar (appellant No.1) and Basant Kumar Tiwari (appellant No.2).

Appellants have been convicted under Sections 323/34 and 325/34 of IPC and sentenced to suffer RI for 06 months each with fine Rs.500/- each for offence under Section 323/34 IPC and RI for 2 years each with fine Rs.1000/- each for offence under Section 325/34 IPC with default stipulations vide judgment of conviction and order of sentence dated 08.09.2023 passed by Additional Judge to the Court of ASJ, Deori Distt. Sagar in S.T.No.11/2023.

It is submitted by the counsel for the appellants that they have been

convicted under Sections 323/34 and 325/34 IPC which are bailable in nature. It is also submitted that the appellants are already on bail till 08.10.2023 by the trial Court. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellants may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/6/2023 6:07:54 PM

appeal in near future, however, without touching merits of the matter, appellants are held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.22425/2023 stands allowed and it is directed that the jail sentence of appellants-Hallu @ Ravi Shankar (appellant No.1) and Basant Kumar Tiwari (appellant No.2) shall remained suspended and they be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellants are directed to appear before the trial Court first on 18.12.2023 and on other subsequent

dates as may be fixed in this behalf.

Accordingly, I.A.No.22425/2023 stands allowed and disposed of. List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/6/2023 6:07:54 PM