Madhya Pradesh High Court
Boby Choudhary vs The State Of Madhya Pradesh on 14 September, 2023
Author: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8312 of 2023
(BOBY CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 14-09-2023
Shri Ramraj Chouhan - Advocate for appellants.
Smt. Pushpanjali Dwivedi - Panel Lawyer for respondent/State.
Heard on admission.
The appeal being arguable is admitted for final hearing.
Also heard on I.A No.15415/2023, 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.
Appellants no.1 and 2, namely Boby Choudhary and Shani Choudhary
have been convicted for the offence punishable under Sections 324 and 324/34
respectively and each have been sentenced to undergo R.I. for 2 years
alongwith fine of Rs.5,000/-, with default stipulation.
Learned counsel for the appellants submits that the jail sentence of
appellants was suspended by the trial court till 14.7.2023 as mentioned in the
application. Thereafter, this Court vide order dated 4.7.2023 has extended the
period of bail of appellants from 15.7.2023 to 15.9.2023. The maximum jail
sentence of appellants is two years; they were on bail during trial and did not
misuse the liberty so granted 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
rv
Digitally signed by REENA
HIMANSHU SHARMA
Date: 2023.09.15 15:41:23
+05'30'
