Rajpal Singh Gahrwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 15548 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 8648 of 2023
                              (RAJPAL SINGH GAHRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 21-09-2023
                                Shri Sharad Singh Baghel - Advocate for appellants.

                                Shri Prasanjeet Chhaterjee - Panel Lawyer for the respondent

No.1/State.

Heard on admission.

The appeal being arguable is admitted for final hearing.

Also heard on I.A No.16090/2023, 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.

Each of the appellants have been convicted for the offences punishable under Section 452 of IPC and sentenced to undergo R.I. for 6 months with a fine of Rs.500/-, Section 323/34 of IPC and sentenced to "till the rising of the Court" with a fine of Rs.1,000/- and Section 3(2)(v-a) of SC/St Act and sentenced to "till the rising of the Court" with fine of Rs.1,000/-respectively, with default stipulations.

Learned counsel for the appellants submits that the jail sentence of appellants was suspended by the trial Court till 15.07.2023 as mentioned in the application. Thereafter, this Court vide order dated 13.07.2023 has extended the period of bail of appellants from 15.07.2023 to 15.09.2023. This Court vide order dated 12.09.2023 again extended the period of bail of appellants till 30.09.2023. They were on bail during trial and they did not misuse the liberty granted to them. Also, the appeal would take considerable time to conclude. They are ready to furnish adequate surety and shall abide by the directions and Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 9/22/2023 4:00:42 PM

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 application and prays for its rejection.

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 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 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 30.11.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

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

(ANURADHA SHUKLA) JUDGE sjk

Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 9/22/2023 4:00:42 PM