Bablu Sen vs The State Of Madhya Pradesh
2023 Latest Caselaw 16645 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          CRA No. 8134 of 2023
                                          (BABLU SEN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-10-2023
                                 Shri Manoj Kumar Mishra - Advocate for the appellants.

                                 Shri Anand Shukla - 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.

Also heard on I.A No.14982/2023, which is the first 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 offences punishable under Sections 329/34 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.1,000/- and Section 323/34 (3 counts) of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.500/- respectively, 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 offences. The maximum jail sentence awarded to the appellant is of two years. 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 Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/10/2023 2:52:09 PM

application and prays for its rejection.

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 sentence 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) 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 08.12.2023 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

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Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/10/2023 2:52:09 PM