Deepak vs The State Of Madhya Pradesh
2023 Latest Caselaw 18034 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 10369 of 2023
                                      (DEEPAK AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 30-10-2023
                                 Shri Sandeep Koshta - Advocate for the appellants.

                                 Shri Sheshmani Mishra - Panel Lawyer for respondent no.1-State.

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.19561/2023, which is first application under

Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellants.

The appellants have been convicted for the offences punishable under Sections 3-1 (dha) of SC/ST (POA) Act and sentenced to undergo R.I. for 1 years with fine of Rs.500/- respectively, with default stipulations.

Learned counsel for the appellants submits that the jail sentence of appellants was suspended by the trial court till 04.09.2023 (as mentioned in the application). Thereafter, this Court vide order dated 18.08.2023 has further extended the period of bail of appellants for a period of two months till

04.11.2023. The maximum jail sentence of appellants is of one year and they were on bail during trial and did not misuse the liberty granted to them and also the appeal would take considerable time to conclude. They are ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

Learned counsel for the State has opposed the bail application and prayed for its rejection.

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/31/2023 2:24:03 PM

Heard counsel for the parties and perused the judgment and record of the court below.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellants under the impugned judgment deserve to be suspended. Therefore, without commenting on the merits of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a 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 concerned, the custodial sentence of the appellants shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 03.01.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/31/2023 2:24:03 PM