Deepak And Others vs State Of Madhya Pradesh

Anjuli Palo, J

Heard on I.A.No.9695/2023, which is first application filed on behalf of the appellants for suspension of sentence and grant of bail.

The appellants have been convicted by the trial Court under Sections 323 & 323/34 (on two counts) of IPC and sentenced to R.I. for 6 months with fine of Rs.500/- each and R.I. for 6 months with fine of Rs.500/- (on each count) each respectively, with default stipulations.

Learned counsel for the appellants have submitted that the maximum sentence awarded to the appellants is 06 months. The jail sentence of the appellants is suspended till 15.05.2023 by the trial Court itself as mentioned in their application. Disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellants may be suspended and they may be released on bail.

Learned Panel Lawyer has opposed the prayer for bail.

Although record is not available, however, looking to the nature of offence, period of jail sentence awarded to the appellants, without commenting on the merits of the case, I deem it to be a fit case to suspend the custodial sentence of the appellants and to release them on bail, therefore, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond each in a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellants shall remain suspended and they shall be released on bail for securing their presence before the trial Court on 05.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellants shall regularly appear before the trial Court, on each and every date, without fail.

Record of the Court below be requisitioned.

List this matter after vacation for admission.