Kadir vs The State Of Madhya Pradesh
2023 Latest Caselaw 17401 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 800 of 2023 (KADIR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 17-10-2023 Shri S.K. Mishra - Advocate for the applicant No.1.

Shri Anurag Prajapati - Advocate for the applicant No.3. Shri Dilip Shrivastava - Government Advocate for the State.

Heard on I.A.No.24609/2023 and 24668/2023, which are the second applications for suspension of sentence and grant of bail filed on behalf

applicant No.1 Kadir and applicant No.3 Hemant @ Sonu respectively. First application has been dismissed as withdrawn.

Applicant Nos. 1 & 3 have been convicted under Section 380 and 457 IPC and sentenced to undergo RI for 3 years with fine of Rs.1,500/- each and RI for 3 years with fine of Rs.1,500/- each respectively with default stipulation vide judgment dated 14.02.2023 passed in CrA No.14/2022 by Second ASJ, Niwari, District Tikamgarh.

I t is submitted by the counsel for the applicant Nos. 1 & 3 that the applicant Nos. 1 & 3 are in jail since the date of judgment i.e. 14/02/2023. It is

further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the applicant Nos. 1 & 3 may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case; period of incarceration and the fact that this revision is of the year 2023 and there is no likelihood of early hearing of the revision in near future, however, without touching merits of the matter, applicant Nos. 1 & 3 are held entitled for Signature Not Verified Signed by: ANURAG SONI Signing time: 18-10-2023 10:25:07

suspension of jail sentence and grant of bail.

Accordingly, both the applications stand allowed and it is directed that the jail sentence of applicant Nos. 1 & 3 shall remained suspended during pendency of this revision and they be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Applicant Nos. 1 & 3 are directed to appear before the trial Court first on 18.12.2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 18-10-2023 10:25:07