Shyamkartik Shah vs The State Of Madhya Pradesh
2023 Latest Caselaw 18022 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 13322 of 2023 (SHYAMKARTIK SHAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 30-10-2023 Shri Vivek Shukla - Advocate for appellants.

Shri Ajay Tamrakar - Panel Lawyer for State.

Heard.

Admit.

Also heard on IA No.25087 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 07.11.2023.

Appellants stood convicted under Section 148 and 326/149 of the IPC and sentenced to suffer R.I. for 6 months and R.I. for 3 years with fine of NIL and Rs.500/- respectively with default stipulations vide judgment of conviction and order of sentence dated 07.10.2023 passed by Fifth Additional Sessions Judge, Waidhan District Singrauli in S.T. Case No.151/2013.

Learned counsel for the appellant 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 appellant is already on bail till 07.11.2023. 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, Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 31-Oct-23 10:20:29 AM

supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence 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 No.25087 of 2023 stands allowed and it is directed that the jail sentence of appellants shall remained suspended and they be released

on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in the like amount 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.

Accordingly, I.A.No. 25087 of 2023 stands allowed and disposed of. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE DPS

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 31-Oct-23 10:20:29 AM