Citation : 2024 Latest Caselaw 16759 MP
Judgement Date : 24 June, 2024
1 CRA-7008-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 7008 of 2024
(RAMAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 24-06-2024 Shri Parakram Singh Chouhan - Advocate.
Shri Bhuwan Gautam - PP for State.
Heard on the question of admission.
Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on IA No.9687/2024 filed on behalf of the appellants Raman, Avinash, Sanju @ Sanjay, Gabbar @ Vijay,Vikram and Raghu @ Raghuveer
whose sentences are already suspended by the trial court upto 2.7.2024.
The application is for suspension of jail sentence under Section 389 (1) o f Cr.P.C. by the appellants. Appellants are convicted for the offence punishable under Section 323/149 of IPC read with Sec.3(2)(va) of SC & ST Act and sentenced to undergo six months RI in respective count with fine of Rs.500/- each with default stipulation vide judgment dated 6.6.2024 by Special Judge (SC/ST Act), Dhar.
Learned counsel for the appellants submits that final hearing of appeal is likely to take some time and appellants have a good case in appeal, hence jail
sentence be suspended during pendency of the appeal.
Learned Panel Lawyer opposes the application. I have considered the submissions of learned counsel for the parties and considering the facts and circumstances of the case, I am of the opinion that it is a fit case of grant of suspension of jail sentence. Thus, the application for suspension of jail sentence is allowed. It is directed that on deposition of fine amount and also on each of them furnishing personal bond of Rs.25,000/-
2 CRA-7008-2024 (Rupees Twenty five thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before this Court/Registry on 18.9.2024 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed on the appellants shall remain suspended, till the final disposal of this appeal.
Accordingly, IA No. 9687/2024 stands disposed of finally. Pending I.A. No.9688/2024 also stands disposed of. A copy of this order be sent to Court concerned for it's compliance. Certified copy as per rules.
(PRANAY VERMA) V. JUDGE
VM
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