Jagannath vs The State Of Madhya Pradesh
2024 Latest Caselaw 5490 MP

Madhya Pradesh High Court

Jagannath vs The State Of Madhya Pradesh on 22 February, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 631 of 2024
                                         (JAGANNATH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-02-2024
                                Shri Anuvad Shrivastava - Advocate for appellants.

                                Shri Ajay Tamrakar - Panel Lawyer for respondent-State.

Record of the Court below is received.

Heard on the question of admission.

Admit.

Also heard on I.A.No.740/2024, which is an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.

The appellants have been convicted and sentenced as mentioned in the impugned judgment dated 28.12.2023 passed by the Additional Sessions Judge, Pawai District Panna in S.T. No.05/2021.

Learned counsel for the appellant submits that the Courts below have not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellants for aforesaid offences. It is

contended by the learned counsel for the appellants that during trial the appellant nos.1, 2, 3 and 4 were in custody from 27.08.2020 to 10.11.2020 and appellant nos.5 and 6 were in custody from 10.09.2020 to 10.11.2020 and thereafter the appellants are in custody since 12.02.2024, thereby the appellant nos.1, 2, 3 and 4 have already suffered 1 year and 22 days and appellant nos.5 and 6 have already suffered 2 months and 5 days incarceration as against 3 years rigorous imprisonment imposed by the trial Court.

Per contra, learned counsel for the respondent opposed the prayer.

Heard the rival submissions and perused the case diary. Thus, taking into consideration the totality of the circumstances of the case and the fact that the appellants are in custody since 12.02.2024, this Court deem it proper to enlarge the appellants on bail. Therefore, without expressing any view on the merits of the case, the application I.A.No.740/2024 is allowed.

The execution of jail sentence of appellants are hereby suspended subject to depositing the fine amount, (if not already deposited) and on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with separate surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on

13.05.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. C.C. as per rules.

(MANINDER S. BHATTI) JUDGE

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