Harikesh @ Harikrishan @ Babu vs The State Of Madhya Pradesh
2024 Latest Caselaw 16450 MP

Madhya Pradesh High Court

Harikesh @ Harikrishan @ Babu vs The State Of Madhya Pradesh on 31 May, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 6234 of 2024
                               (HARIKESH @ HARIKRISHAN @ BABU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 31-05-2024
                                Shri Himanshu Shrivastava- Advocate for the appellants.

                                Shri Christopher Anthony - Panel Lawyer for the respondent /State.

Call for the trial Court record.

Heard o n I.A. No.12453/2024, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellants.

Appellants have been convicted for commission of offence under Sections 324/34 (on three counts) of IPC and have been sentenced to R.I. for 01 year (on each count) and fine of Rs.2000/- on each count with default stipulation; under Section 324/34 (on two counts) of IPC and have been sentenced to R.I. for 01-01 year and fine of Rs.2000/- on each count with default stipulation vide judgment dated 6.5.2024 delivered by Additional Judge to the Court of Additional Sessions Judge, Amarwada, District Chhindwara (M.P.), in S.T. No.03/2021 (State of M.P. Vs. Harikesh @ Harikrishan @ Babu and others).

Learned counsel for the appellants has submitted that appellants have not committed any offence. They have been erroneously convicted by the trial Court. It is submitted that in the course of trial appellants were on bail. They have not misused the liberty granted by way of bail during trial. Even after conviction and passing of order of jail sentence, learned trial Court itself had suspended the jail sentence of the appellants till 5.6.2024. The appellants have fair chance to succeed in the appeal. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this

appeal in near future. Therefore, if the execution of jail sentence of appellants is n o t suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellants be suspended and they be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellants.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellants.

Consequently, I.A. No.12453/2024 is allowed. The execution of jail

sentence of appellants is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 11.11.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for admission after receipt of trial Court record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra