Vinod Kumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 15057 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                               CRA No. 8345 of 2023
              (VINOD KUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 12-09-2023
      Shri Satyam Agrawal - Advocate for the appellants.

      Shri Vinod Tiwari - Panel Lawyer for the State.

      Reserved on               : 06.09.2023
      Pronounced on             : 12.09.2023

      Arguments of both the counsel for the parties are heard at length.

      Judgment and record of the Court below perused.
                                   ORDER

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.15496/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellants.

T he appellants have been convicted for the offences punishable under Section 147 of IPC and sentenced to undergo R.I. for 1 year, Section 148 of

IPC and sentenced to undergo R.I. for 1 year, Section 341 of IPC (two counts) and sentenced to undergo S.I. for 1 month, Section 332/149 of IPC (two counts) and sentenced to undergo R.I. for 2 years with fine of Rs.500/-, total Rs.1,000/- (deposited), Section 353/149 of IPC (two counts) and sentenced to undergo R.I. for 1 year with fine of Rs.500/-, total Rs.1,000/- (deposited), Section 333/149 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.500/-, (deposited) and Section 51(B) of Disaster Management Act, 2005 and

sentenced to undergo S.I. for 6 months with fine of Rs.500/- (deposited), with default stipulations.

Learned counsel for the appellants submits that the jail sentence of appellants was suspended by the trial court till 17.7.2023 as mentioned in the application. Thereafter, this court vide order dated 5.7.2023 has extended the period of bail of appellants from 17.7.2023 to 17.9.2023. The maximum jail sentence of appellants is of three years and they were on bail during trial and they 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.

On the other hand, learned counsel for the State has opposed the application and prays for its rejection.

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

Looking to the overall facts and circumstances of the case and the evidence available on record as well as the grounds raised about infirmities in its appreciation, I find it to be a fit case to suspend the jail sentence of the appellants and to release them on bail, therefore, without commenting on the merit 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 28.11.2023 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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Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.09.13 14:58:16 +05'30' Adobe Reader version: 11.0.8