Naggu @ Nagjiram vs The State Of Madhya Pradesh
2024 Latest Caselaw 16779 MP

Madhya Pradesh High Court

Naggu @ Nagjiram vs The State Of Madhya Pradesh on 27 June, 2024

Author: Vishal Mishra

Bench: Vishal Mishra

                                                                1                              CRA-7129-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                           CRA No. 7129 of 2024
                                       (NAGGU @ NAGJIRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-06-2024
                                 Shri Govind Pal Singh Songara, learned counsel for the appellants.

                                 Shri Hemant Sharma, learned counsel for the respondent/State.

Heard on I.A. No.9955/2024, an application for urgent hearing during vacation.

On due consideration, I.A. No.9955/2024 is allowed and disposed of. Also heard on admission.

Admit.

Also heard on I.A.No.9954/2024 first application filed under Section 389(1) of CrPC for suspension of sentence on behalf of appellants.

2. Vide impugned judgment dated 28.05.2024 passed by the Special Judge, ST/SC (POA) Act, Shajapur (M.P.) in SPL No.85/2019, the appellants have been convicted for offence punishable under Section 325/34 (two counts) of IPC and sentenced them to undergo R.I. for 1-1 year and to pay fine of Rs.1000-1000/- with default stipulation.

3. Learned counsel for the appellant submits that the appellants are on bail and they have not misused the liberty granted to them. The trial court has already suspended their jail sentence upto 28.07.2024. There are material contradictions and omissions in the statements of the witnesses which have been recorded before the trial court. There is no likelihood of early disposal of the appeal. Hence, he prays for suspension of sentence and grant of bail.

4. Per-contra, counsel for the State has opposed the prayer and prayed for rejection of the application.

2 CRA-7129-2024

5. Considering the fact that the trial Court has already suspended the sentence and there is no likelihood of early disposal of the appeal in near future, subject to verification of the fact that fine amount has already been deposited, this court is inclined to grant bail to the appellants by way of suspension of sentence.

6 . Accordingly, without expressing any opinion on the merits of the case, I.A.No.9954/2024 i s allowed and it is directed that the jail sentence of the appellants will remain suspended subject to verification that the amount of fine have been deposited and on appellants' furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like

amount to the satisfaction of trial Court concerned for their appearance before the Registry of this Court on 21.09.2024 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course of time at its own turn. Certified copy as per rules.

(VISHAL MISHRA) V. JUDGE

N.R.