Sarman vs The State Of Madhya Pradesh
2023 Latest Caselaw 16496 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 9197 of 2023
                                            (SARMAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-10-2023
                                 Shri Prajas Bhatti - Advocate for appellants.

                                 Shri Aditya Choubey - Government Advocate for respondent/State.

Heard on the question of admission.

Admit.

Also heard o n I.A. No.17235/2023, 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 appellants.

Appellant No.1 stood convicted under Section 324 of the IPC and sentenced to suffer R.I. for three years with fine of Rs.500/- with default stipulations and Appellant No.2 stood convicted under Section 324/34 of the IPC and sentenced to suffer R.I. for three years with fine of Rs.500/- with d efault stipulations vide judgment dated 07/07/2023 passed by Second Additional Sessions Judge, Rahli, District Sagar in S.T. No.77/2017.

Learned counsel for the appellants submitted that the trial Court has

already suspended the jail sentence of the appellants till 06/08/2023 and thereafter this Court extended the period of suspension of jail sentence of appellants till 06/10/2023. 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 opposed the prayer and prayed for dismissal of the above application.

Signature Not Verified Signed by: ANURAG SONI Signing time: 07-10-2023 15:27:39

Looking to the facts and circumstances of the case, contention of learned 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 06/08/2023, which was extended by this Court vide order dated 25/07/2023 till 06/10/2023 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 his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with

one surety each 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

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 07-10-2023 15:27:39