Pramod Goswami vs The State Of Madhya Pradesh
2023 Latest Caselaw 15711 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 8464 of 2023
                                        (PRAMOD GOSWAMI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 23-09-2023
                                 Shri Manish Datt - Senior Advocate with Shri H. A. Saify - Advocate for

                          appellants.
                                 Shri Yogendra Das - Government Advocate for the respondent/State.

Shri Shambhoo Dayal Gupta - Advocate for objector.

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.15751/2023, 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 323/34 of IPC and sentenced to undergo R.I. for 3 months with a fine of Rs.500/-, Section 323/34 of IPC and sentenced to undergo R.I. for 3 months with a fine of Rs.500/- and Section 326/34 of IPC and sentenced to undergo R.I. for 3 months with a fine of Rs.9,000/- respectively, with default

stipulations.

Learned counsel for the appellants submits that the jail sentence of appellants was suspended by the trial Court till 26.07.2023 as mentioned in the application. Thereafter, this Court vide order dated 11.07.2023 has extended the period of bail of appellants from 26.07.2023 to 26.09.2023. 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 conditions, which may be imposed Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/25/2023 1:58:31 PM

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) 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 along with Cr.A. Nos.8970/2023 & 9685/2023.

(ANURADHA SHUKLA) JUDGE

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Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/25/2023 1:58:31 PM