Bhadar @ Bahadur vs The State Of Madhya Pradesh
2023 Latest Caselaw 16403 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 12366 of 2023
                                      (BHADAR @ BAHADUR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 05-10-2023
                                 Shri Anubhav Singhal - Advocate for appellants.

                                 Shri C.M. Tiwari - Government Advocate for respondent/State.

Heard on the question of admission.

Admit.

Let record of court below be called for.

Also heard o n I.A. No.23199/2023, this is the first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellants.

T h e appellants have been convicted vide judgment dated 08/09/2023 passed by Seventh Additional Sessions Judge, Bhopal in S.T. No. 650/2021 for the offence punishable under Sections 326/34 and 323/34 354 of IPC and sentenced to R.I. for 3 years and 4 months each with fine o f Rs.3,500/- and Rs.500/- each respectively with usual default stipulations.

Learned counsel for the appellants submitted that the trial Court has

already suspended the jail sentence of the appellants till 08/10/2023. Learned trial Court has wrongly convicted the appellants for the aforesaid offence, hence he has prayed 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 Government Advocate for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/5/2023 5:17:03 PM

counsel for the appellants, the short sentence of the appellants and the fact that the trial Court has already suspended the jail sentence of the appellants till 08/10/2023 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 the appellants shall remain suspended during the pendency of this appeal and they be released on bail subject to depositing 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 their appearance before the trial Court on 18/12/2023 and on such further dates as

may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/5/2023 5:17:03 PM