Madhya Pradesh High Court
Shivam Alias Shivprasad Chaudhary vs The State Of Madhya Pradesh on 3 October, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1 CRA-11189-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11189 of 2024
(SHIVAM ALIAS SHIVPRASAD CHAUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH
)
Dated : 03-10-2024
Shri Anand Kumar Sharma, counsel for the appellants.
Shri A.R.Ben, Dy. G.A. for respondent/State.
Call for the trial court record.
Heard on I.A. No.26993/2024, an application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellants,
pending the appeal.
Appellants have been convicted for commission of offence under
Sections 294,323/34,427,457 and 506 of IPC and have been sentenced
with fine of Rs.500/- for offence under section 294 of IPC, R.I. for 03-
03 months each and fine of Rs.100/- under section 323/34, R.I. 03-03
months and fine of Rs.300 under section 427 of IPC, R.I. 06-06 months
with fine of Rs.500/- under section 457 and 506 of IPC with default
stipulation vide judgment dated 09.08.2024 passed by IXth Addl.
Sessions Judge, Katni in S.T.No.65/2022 ( State of M.P. Vs. Shivam @
Shiv Prasad and other).
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
2 CRA-11189-2024
trial. Even after conviction and passing of order of jail sentence, learned
trial Court itself had suspended the jail sentence of the appellant till
14.10.2024. 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 not
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 he be released on bail.
On the other hand, learned counsel for the respondent/State has
opposed the grant of bail to the appellants.
Having taken into consideration 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.26993/2024 is allowed. The execution of jail
sentence of appellants No.1- Shivam @ Shivprasad Chaudhary,
appellant No.2- Chuttu @ Bhagwat Chaudhary, appellant No.3- Santosh
@ Baila Chaudhary and appellant No.4 Shivkumar Chaudhary, 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 of the like amount each to
the satisfaction of the trial court with a further direction to appear before
3 CRA-11189-2024
the trial Court on 16.12.2024 and also on such other dates, as may be
fixed by that Court in this regard during the pendency of this appeal.
List for hearing on admission after receipt of the record.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
MKL
