Ambu @ Ambar vs The State Of Madhya Pradesh
2023 Latest Caselaw 16565 MP

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 12563 of 2023
                                          (AMBU @ AMBAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 07-10-2023
                                 Shri Rakshit Pawar - Advocate for appellants.

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

Heard on the question of admission.

Admit.

Let record of court below be called for.

Also heard o n I.A. No.23601 of 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 13/09/2023 passed by Ist Additional Sessions Judge to the Court of Third Additional Judge, Sagar, District Sagar in S.T. No.365/2021, whereby appellant No.1- Ambu @ Ambuj has been convicted for the offence punishable under Sections 326/34 and 323/34 of IPC and sentenced to undergo RI for 3 years with fine of Rs.15,000/- and Rs.1000/- respectively; whereas appellant No.2- Suraj has

been convicted for the offence punishable under Section 326 of IPC and sentenced to undergo RI for 3 years with fine of Rs.15,000/- with usual default stipulations.

Learned counsel for the appellants submitted that the trial Court has already suspended the jail sentence of the appellants till 05/11/2023. 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. Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 10/9/2023 10:21:15 AM

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 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 05/11/2023 and according to listing policy the hearing of this appeal will take time, the application i.e. IA No.23601 of 2023 is allowed and it is directed that the execution of the remaining jail sentence passed against 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 separate surety in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 20/12/2023 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

sm

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 10/9/2023 10:21:15 AM