Atul vs The State Of Madhya Pradesh
2023 Latest Caselaw 15714 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 8240 of 2023
                                             (ATUL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 23-09-2023
                                  Shri Umesh Kumar Vaidya - Advocate for appellants.

                                  Shri Prasannjeet Chatterjee - Panel Lawyer for the respondent/State.

Heard on admission.

This appeal being arguable is admitted for final hearing. Learned counsel for the appellants expressed before this Court that he

does not wish to press I.A. No.15260/2023 on behalf of appellant No.3- Raja Ray @ Suddarg.

The same is accordingly dismissed as withdrawn in relation to appellant No.3.

I.A No.15260/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant No.1- Atul and appellant No.2- Banti is considered.

Appellant Nos.1 & 2 have been convicted for the offences punishable under Section 148 of IPC and sentenced to undergo R.I. for 1 year with a fine

of Rs.200/-, Section 341 of IPC and sentenced to undergo S.I. for 1 month and Section 327/149 of IPC and sentenced to undergo R.I. for 4 years with a fine of Rs.300/- respectively, with default stipulations.

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 offence. Appeal would take considerable time to conclude. They are Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/25/2023 1:58:31 PM

read y 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.

Learned counsel for the State has opposed the application and prayed 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 for final hearing in due course.

(ANURADHA SHUKLA) JUDGE pnm

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