Chandrabhan @ Dashrath Thakur ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 16900 MP

                                                                1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 11452 of 2023
                            (CHANDRABHAN @ DASHRATH THAKUR (GOND) AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-10-2023
                                  Shri S.B.Shrivastava - Advocate for the appellants.

                                  Shri Ashok Sinha - Government Advocate for the respondent/State.

This appeal has already been admitted.

Heard on I.A.No.21573 of 2023, which is the first application under Section 389 (1) of the Cr.P.C. for suspension of custodial sentence passed

against appellants. Appellants are in jail.

T h e appellants have been convicted vide judgment dated 25.08.2023 passed by IInd Additional Sessions Judge, Gadarwara, District Narsinghpur in Special Case No.20/2019 for the offence punishable under Sections 366 read with 34 of IPC (to each) and sentenced their to undergo RI for 5 years with fine of Rs.2,000/- (to each), respectively with default stipulations.

Learned counsel for the appellants submitted that the appellants are in jail from date of order impugned. 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 counsel for the appellants, the short sentence of the appellants and the appellants are in jail from date of order impugned and according to listing policy the hearing of this appeal will take time, application i.e. IA No.21573 of 2023 Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 10/12/2023 10:11:34 AM

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 their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one 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: 10/12/2023 10:11:34 AM