Balram Rai vs The State Of Madhya Pradesh
2023 Latest Caselaw 17222 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                              CRA No. 8677 of 2023
                    (BALRAM RAI Vs THE STATE OF MADHYA PRADESH)

Dated : 16-10-2023
      Shri Manish Datt - Senior Advocate - with Shri Swatantra Pandey -

Advocate for the appellant.
      Ms. Hemlata Kshatriya - Panel Lawyer for the State.
      Shri N. K. Shah - Advocate for the objector.

      Reserved on                : 13.10.2023

      Pronounced on              : 16.10.2023

      Arguments of both the counsel for the parties are heard at length.
      Judgment and record of the Court below perused.
                                   ORDER

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.16162/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.

T h e appellant has been convicted for the offences punishable under Section 468 of IPC and sentenced to undergo R.I. for 3 years with a fine of Rs.2,000/-. He has also been convicted under Section 471 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.2,000/-, with default stipulations. The fine amount has already been deposited by the appellant (as mentioned in the application).

Learned counsel for the appellant submits that the jail sentence of

appellant was suspended by the trial court till 16.08.2023 as mentioned in the application. Thereafter, this court vide order dated 10.7.2023 has extended the period of bail of appellants from 16.08.2023 to 16.10.2023. The maximum jail sentence of appellants is of three years and he was on bail during trial and he d id not misuse the liberty granted to him and also the appeal would take considerable time to conclude. He is 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.

Learned counsel for the State and learned counsel for the objector have

opposed the application and pray for its rejection.

Heard learned respective counsel for the parties and perused the judgment and record of the court below.

Having heard the arguments and on perusal of record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentences awarded to the appellant under the impugned judgment deserve to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

I t 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 appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 19.12.2023 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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Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.10.17 15:59:36 +05'30' Adobe Reader version: 11.0.8