Shivlal vs The State Of Madhya Pradesh
2023 Latest Caselaw 16794 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 12301 of 2023
                                           (SHIVLAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-10-2023
                                 Ms. Sarita Kanojia - Advocate for appellants.

                                 Shri Aditya Choubey - Government Advocate for respondent No.1/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Let record of court below be called for.

Also heard o n I.A. No.23069/2023, t h is is first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellants-Shivlal, Sandeep, Smt. Maina and Akhilesh. .

T h e appellants have been convicted vide judgment dated 12/09/2023 passed by Special Judge (SC/ST(PA) Act, 1989), Panna (Madhya Pradesh) in Special Case No. 51/2019 for commission of offence punishable under Sections 323, 325 and 325/34 of IPC and under Section 3(2)(v)(a) of SC/ST(PA) Act, 1989 and sentenced to undergo RI for two years, two year and six months and to pay fine of Rs.5,00/-, Rs.500/- and Rs.200 (each count)

for each offence respectively with usual default stipulations.

Learned counsel for the appellants submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellants for aforesaid offence. The custodial sentence of appellants have already been suspended by trial Court till 12/10/2023. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellants may turn infructuous. Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/12/2023 10:25:14 AM

Under these circumstances, learned counsel for appellants prays 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 No.1/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 appellant, appellant has already suffered more than two years RI 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 appellants-Shivlal, Sandeep, Smt. Maina and Akhilesh 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 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

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/12/2023 10:25:14 AM