Rahul vs The State Of Madhya Pradesh
2025 Latest Caselaw 4467 MP

Madhya Pradesh High Court

Rahul vs The State Of Madhya Pradesh on 17 February, 2025

                                                               1                                CRA-264-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 264 of 2025
                                           (RAHUL AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 17-02-2025
                                 Shri Anoop Kumar Saxena - Advocate for the appellant.
                                 Shri    S.K.    Shrivastava       -   Government     Advocate     for   the
                           respondent/State.

Appeal is admitted for the hearing.

I.A. No.318 of 2025 is an application under Section 389(1) of the

Code of Criminal Procedure filed on behalf of appellant for suspension of sentence and grant of bail.

This appeal is filed by the appellants being aggrieved of the judgment dated 18.12.2024 passed by the learned Second Additional Sessions Judge, Niwadi, District- Teekamgarh (M.P.) in S.T. No.53 of 2020 whereby appellants have been convicted for the offence punishable under Section 148 of the Indian Penal Code and sentenced to suffer R.I. for two years with fine of Rs.1,000/- and under Section 325/149 of IPC and sentenced to suffer R.I. for three years with fine of Rs.5,000/- with default stipulations.

Learned counsel for the appellants submits that the appellants are on bail if the jail sentence of the appellants is not suspended then the appellants shall be arrested and send to serve the jail sentence and the filing of appeal may be futile. Appeal is not going to be decided in near future. Hence, their jail sentence may be suspended.

The prayer is opposed by learned Government Advocate for the State

2 CRA-264-2025 on the ground that the trial Court after due appreciation of evidence has convicted the appellants. No scope for interference is made out. Hence, I.A. 318 of 2025 be dismissed.

Heard the parties, perused the record.

Looking to the short sentence of three years and the impugned judgment, without commenting anything on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellants.

Accordingly, I.A. No.318 of 2025 is allowed.

Subject to depositing the fine amount, if not already deposited, it is directed that they be released on bail on their furnishing a personal bond for 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 concerning trial Court on 06.06.2025 and also on such other dates, as may be fixed by the trial Court in this regard during the pendency of this appeal. The trial Court shall not fix more than two dates in a year for their appearance till the final disposal of appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(DEVNARAYAN MISHRA) JUDGE

AT