Harpu @ Harprasad Adiwasi vs The State Of Madhya Pradesh
2023 Latest Caselaw 18159 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 13130 of 2023
                                  (HARPU @ HARPRASAD ADIWASI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-10-2023
                                 Shri Aditya Vyas - Advocate for appellants.

                                 Shri Amit Garg - Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Let record of court below be called for.

Also heard o n I.A. No.25621/2023, this is the first application for suspension of sentence and grant of bail filed under Section 389 of Cr.P.C. on behalf of appellants -Harup @ Harprasad Adiwasi and Dhanarani.

T h e appellants have been convicted vide judgment dated 04/09/2023 passed by Second Additional Sessions Judge, Deori, District Sagar in S.T. No. 34/2019 and appellants have been found guilty for commission of offence punishable under Sections 326 and 326/34 of IPC and sentenced to undergo RI for 2 years and 3 years and to pay fine of Rs.5,000/- and Rs.3000/- for each offence respectively with usual default stipulations.

Learned counsel for the appellants submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellants for aforesaid offence. Custodial sentence of appellants have already been suspended by trial Court since 04/11/2023. 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 Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:11:30 PM

for suspension of jail sentence and release of the appellants on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellants and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case, contention of learned counsel for the appellants coupled with the fact that the custodial sentence of appellants has already been suspended till 04/11/2023 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 -Harup @ Harprasad Adiwasi and Dhanarani 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 one separate surety in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 22/12/2023 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

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:11:30 PM