Ramnaresh Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 15346 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                               CRA No. 8051 of 2023
        (RAMNARESH VISHWAKARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 19-09-2023
      Shri Ankur Shrivastava - Advocate for appellants.

      Shri Sandeep Dubey - Panel Lawyer for respondent/State.

      Reserved on                 : 14.09.2023
      Pronounced on                : 19.09.2023
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      Arguments of both the counsel for the parties are heard at length.
      Judgment and record of the Court below perused.
                              ORDER

Record of the Court below is available.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A No.14716/2023, 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.

The appellants have been convicted for the offences punishable under Sections 324/34 and 323/34 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.4,000/- and to undergo imprisonment 'till rising of the Court' each for the respective offence with default stipulation.

Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellants for

aforesaid offences. Appellants are in custody and 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 record. 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

sentences awarded to the appellants under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It 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 surety 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 they 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. No.14716/2023 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: 2023.09.19 18:09:35 +05'30'