Ishwarlal vs State Of M.P.
2024 Latest Caselaw 15399 MP

Madhya Pradesh High Court

Ishwarlal vs State Of M.P. on 22 May, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                      CRA No. 6028 of 2024
                                                 (ISHWARLAL Vs STATE OF M.P. AND OTHERS)

                         Dated : 22-05-2024
                                Shri Rahul Sharma - Advocate for the appellant.

                                Shri D.G. Mishra - Govt. Advocate for the respondent No.1/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Let record of the trial Court be requisitioned.

Also heard on I.A. No.7993/2024, which is first application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant - Ishwarlal.

2. Learned trial Court has convicted the appellant under Section 325 of IPC and sentenced to undergo on year' RI fine of Rs.3,000/- with default stipulations, vide judgment of conviction and order of sentence dated 08.05.2024 passed by the Special Judge, SC/ST (Prevention of Atrocities), Act, District Ratlam in S.C. No.84/2018.

3. Learned counsel for the appellant submits that appellant has not

committed any offence and he has falsely been implicated in the case. Learned trial Court has already suspended the jail sentence of the appellant till 08.06.2024. Final disposal of this appeal will take sufficient long time, therefore, it is prayed that the remaining jail sentence of the appellants may be suspended and they be released on bail.

4. Learned counsel for the respondent/State has opposed the prayer and prayed for its rejection.

5. Considering the short term of sentence coupled with the fact that final

hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, I.A. No.7993/2024 is allowed and jail sentence of the appellant shall remain suspended.

6. It is directed that subject to depositing the fine amount, if already not deposited, appellant - Ishwarlal shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 01.07.2024, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List in due course.

Certified copy, as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

Shruti