Rajesh Soni vs The State Of Madhya Pradesh
2023 Latest Caselaw 17164 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 12908 of 2023
                                          (RAJESH SONI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-10-2023
                                 Shri Sanjeev Kumar Tiwari - Advocate for appellants.

                                 Ms. Shanti Tiwari - Panel Lawyer for respondent/State.

Heard on the question of admission.

Admit.

Let record of court below be called for.

Also heard o n I.A. No.24247/2023, 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 25/09/2023 passed by Ist Additional Sessions Judge, Narshinghpur in S.T. No. 75/2020 for commission of offence punishable under Sections 323 read with Section 34 and 326 read with Section 34 of IPC (each accused) and sentenced to undergo RI for 1 year and to pay fine of Rs.400/- and sentenced to undergo RI for 3 years and to pay fine of Rs.1,500/- (each accused), 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. Custodial sentence of appellants have already been suspended by trial Court till 25/10/2023. 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. Under these circumstances, learned counsel for appellants prays Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 10/13/2023 5:19:03 PM

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 Panel Lawyer 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 custodial sentence of appellants have already been suspended by trial Court till 25/10/2023 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 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 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: 10/13/2023 5:19:03 PM