Dashrath And Others vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard on the question of admission.

Appeal is admitted for hearing.

Also heard on I.A. No.19730/2023, which is an application filed under Section 389 of the Criminal Procedure Code, 1973 for suspension of sentence on behalf of appellants.

The appellants have been convicted for offence under Section 323 of IPC, sentenced to undergo 6 months R.I. each with fine of Rs.1,000/- each and usual default stipulations.

Learned counsel for the appellants submitted that the learned trial Court has already suspended the jail sentence of the appellants till 21.02.2024. He further submitted that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, looking to the short sentence, learned counsel prays that the application for suspension of sentence of the appellants be allowed.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellants, the short sentence of the appellants and the fact that the trial Court has already suspended the jail sentence of the appellants, without commenting on the merits of the case, the application is allowed and it is directed that subject to depositing the fine amount, if already not deposited, the appellants shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with a solvent surety each in the like amount to the satisfaction of Trial Court, for their appearance before the Registry of this Court firstly on 05.03.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Accordingly, the application stands allowed and disposed off.

Let the record of the Court below be called for.

List the matter for final hearing in due course.

Certified copy as per rules.