Halke Bhai & Ors. vs The State Of M.P.
2023 Latest Caselaw 17476 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 1179 of 1998
                                             (HALKE BHAI & ORS. AND OTHERS Vs THE STATE OF M.P.)

                           Dated : 18-10-2023
                                 Shri Sandeep Koshta- Advocate for appellants.

                                 Shri Dinesh Patel - Dy. Government Advocate for respondent/State.

Heard o n I.A. 24691/2023, t h is is the second application for suspension of sentence and grant of bail filed under Section 389 (1) of Cr.P.C. on behalf of appellants-Halke Bhai and Dhaniram. Their first application

was allowed on 18.12.1998. They were regularly appearing before the Trial Court upto Covid-19 Pandemic, but as per verdict of the Hon'ble Apex Court they could not appear before the Trial Court. However, this Court issued non- bailable warrant against the appellants by order dated 31.08.2023 and in pursuance to the order the appellants have been arrested on 09.10.2023.

T h e appellants have been convicted vide judgment dated 06.03.1998 passed by Third Additional Sessions Judge, Damoh in S.T. No. 182/1997 and appellants have been found guilty for commission of offence punishable under Section 304-II/34 of IPC and sentenced to undergo RI for 5 years each.

Learned counsel for the appellants submits that the appellants have already suffered one and half years of the custodial sentence. 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 for suspension of jail sentence and release of the appellants on bail.

O n the other hand, learned counsel for the State has opposed the Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/19/2023 10:33:02 AM

contention raised by learned counsel for appellants and prays for rejection of said application.

Looking to the facts and circumstances of the case 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-Halke Bhai and Dhaniram shall remain suspended during the pendency of this appeal and they be released on bail subject to depositing entire 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 separate surety in like amount to the satisfaction of the trial Court for their appearance before

the concerned 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 appeal for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

b

Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/19/2023 10:33:02 AM