Makhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 18023 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 13451 of 2023 (MAKHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 30-10-2023 Shri K.S. Rajpoot - Advocate for appellants.

Smt. Shanti Tiwari - Panel Lawyer for State.

Heard.

Admit.

Also heard on IA No.25361 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 10.11.2023.

Appellants stood convicted under Section 307/34 (two count) and 323/34 of the IPC and sentenced to suffer R.I. for three years and R.I. for 3 months with fine of Rs.500/- and Rs.500/- with default stipulations vide judgment of conviction and order of sentence dated 11.10.2023 passed by Sessions Judge, Sagar District Sagar in S.T.No.12 of 2023.

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 10.11.2023. 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.25361 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. 25361 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