Citation : 2024 Latest Caselaw 27727 MP
Judgement Date : 3 October, 2024
1 CRA-10993-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 10993 of 2024
(LAKSHMAN AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 03-10-2024
Ms. Nivedita Sharma, Advocate for the appellants.
Shri Rahul Solanki, Government Advocate for the respondent/State.
Heard on the question of admission.
The appeal is admitted for final hearing.
Also heard on I.A.No.16105/2024, which is first application for suspension of jail sentence and grant of bail filed under Section 430 of BNSS moved on behalf of appellants - Lakshman, Anuj & Ashish.
2. Learned Trial Court has convicted the appellants under Sections 324/34 of IPC and sentenced each of them to undergo RI for 06 months with fine of Rs.500/- with default stipulation, vide judgment of conviction and order of sentence dated 20.09.2024 passed by the ASJ, Ujjain in S.T. No.61/2022.
3. Learned counsel for the appellants submits that jail sentence of the
appellants has already been suspended by the Trial Court till 20.10.2024. Final hearing of this appeal will take sufficient time therefore, it is prayed that the remaining jail sentence of the appellants may be suspended and they may be released on bail.
4. Learned counsel for the respondent/State has opposed the prayer of the appellants and prayed for its rejection.
5. I have heard learned counsel for the parties and perused the record.
2 CRA-10993-2024
6. Considering the short term of sentence and after perusal of the evidence available on record, without expressing any opinion on merits of the case, the application I.A. No.16105/2024 is allowed and jail sentence of the appellants shall remain suspended.
7. It is directed that subject to depositing the fine amount, if already not deposited, appellants - Lakshman, Anuj & Ashish shall be released on bail, on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Only) each with one solvent surety each in the like amount to the satisfaction of Trial Court, for their appearance before the Registry of this Court firstly on 18.11.2024 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.
Record of the Trial Court be requisitioned. Certified copy, as per Rules.
(PRAKASH CHANDRA GUPTA) JUDGE
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