Anil @ Teetu vs The State Of Madhya Pradesh
2023 Latest Caselaw 15972 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                       CRA No. 11783 of 2023
                                    (ANIL @ TEETU AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 26-09-2023
                                  Mr. Puran Kumar Kulshreshtha - Advocate for the appellants.

                                  Mr. P.P.S Bazeeta - Dy. Public Prosecutor for respondent/State.

Record of the Court below be called.

Heard on I.A. No. 17027 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellants with an alternative prayer for grant of temporary bail as record

has not been received.

This Criminal Appeal assails the judgment dated 01.09.2023 passed by Special Judge (Atrocities), Morena (M.P.) in Special Sessions Trial No. 191/2016, whereby appellants have been convicted and sentenced under Sections 323 of IPC to undergo rigorous imprisonment of 03-03 months with fine of Rs.200/- - Rs.200/- and under Section 3(2)(5)(ka) to undergo rigorous imprisonment of 3-3 months and fine of Rs.200/- - Rs.200/- with default stipulations.

Learned counsel for the appellants submits that the trial Court has

wrongly convicted the appellants without considering the material and evidence available on record. It is further argued that the trial Court has already suspended the jail sentence of the appellants for a period of one month. This appeal is likely to take long time to conclude. Hence, prayer is made to temporarily suspend the jail sentence and grant of temporary bail to the appellants.

Counsel for the State vehemently opposed the application and prayed for Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 9/27/2023 11:44:06 AM

its rejection.

Heard.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 17027 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on each of the appellants furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain temporarily suspended and they be released on bail till 19.10.2023.

List the case on 19.10.2023.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 9/27/2023 11:44:06 AM