Anar Singh And vs State Of Madhya Pradesh

Roopesh Chandra Varshney, J

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing.

Let the record of the trial Court be requisitioned.

Also heard on IA No.28374/2023, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellants - Anar Singh, Suner Singh and Kamal Singh.

Appellants have been convicted and sentenced as mentioned in the impugned judgment dated 22.11.2023 passed in ST No.02/2022 by III ASJ, District Sehore.

It is submitted by the counsel for the appellants that the sentence of the appellants has already been suspended by the trial Court till 20.12.2023. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellants may be suspended.

Learned counsel for the State has opposed the application.

Considering overall facts and circumstances of the case and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellants are held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.28374/2023 stands allowed and it is directed that the jail sentence of appellants shall remained suspended and they be released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellants are directed to appear before the trial Court first on 02.01.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.