Radheshyam Thakur vs The State Of Madhya Pradesh
2025 Latest Caselaw 6061 MP

Madhya Pradesh High Court

Radheshyam Thakur vs The State Of Madhya Pradesh on 26 March, 2025

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                                1                                CRA-2763-2025
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 2763 of 2025
                                     (RADHESHYAM THAKUR AND OTHERS Vs THE STATE OF MADHYA PRADESH )


                           Dated : 26-03-2025
                                 Shri S. B. Shrivastava - Advocate for the appellants.
                                 Shri Pradeep Gupta - Govt. Advocate for respondent.

Call for the trial Court record.

Heard o n I.A. No.6260/2025, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellants.

Appellant No.1 has been convicted for commission of offence under Sections 323, 324 of IPC and appellant No.2 has been convicted for commission of offence under Sections 323 and 324/34 of IPC and have been sentenced to Simple Imprisonment of 01-01 month and R.I. of 01 year and fine of Rs.500/- - Rs.500/- and Rs.2000/- - Rs.2000/- respectively with default stipulation vide judgment dated 27.2.2025 delivered by Additional Judge to the Court 1st Additional Sessions Judge, District Khandwa (M.P.), in S.T. No.145/2021 (State of M.P. Vs. Radheshyam Thakur and another).

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 27.3.2025. The appellants have fair chance to succeed in the appeal. It is further submitted that a short sentence has been

2 CRA-2763-2025 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 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.6260/2025 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 28.07.2025 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

3 CRA-2763-2025