Suraj Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 17953 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 13174 of 2023
                                         (SURAJ YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-10-2023
                                 Shri Anurag Prajapati - Advocate for appellants.

                                 Shri KCV Rao- Panel Lawyer for the respondent/State.

Heard on IA No. 24778 of 2023, which is the first application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellants. Jail sentence of appellants has already been

suspended till 27.10.2023.

Appellants stood convicted under Sections 325/34 (two counts) and sentenced to suffer R.I. for 3 years each (two counts) with fine of Rs.1,000/- each (two counts) with default stipulations vide judgment of conviction and order of sentence dated 27.09.2023 passed by 2nd Additional Sessions Judge Jatara District Tikamgarh in S.T. No.14 of 2022.

Learned counsel for the appellants while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence wrongly convicted the appellants for the aforesaid offences. There are several

omissions and contradictions in the evidence adduced by the prosecution. It is also submitted that the appellants are already on bail till 27.10.2023. Appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellants for suspension of sentence and grant of bail may be considered.

P e r contra, learned counsel for State while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 10/27/2023 5:20:28 PM

of the appellants should not be suspended.

Upon hearing learned counsel for the parties though this Court refrain from commenting upon rival contentions touching merits of the matter and the appeal is of the year 2023 and there is no likelihood early hearing of the appeal in near future, in the obtaining facts and circumstances, present appellants are held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA stands allowed and it is directed that the jail sentence of appellants shall remained suspended and they be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in the like amount each to the satisfaction of

the trial Court subject to verification of factum regarding deposit of fine amount. Appellants are directed to appear before the trial Court first on 20/12/2023 and on other subsequent dates as may be fixed in this behalf.

Record of the trial court be requisitioned.

List immediately after receipt of the record for admission. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 10/27/2023 5:20:28 PM