Dilip Kumar Patel And Others vs State Of Madhya Pradesh

Anjuli Palo, J

Heard on I.A. No.6003/2023, which is first application for suspension of sentence and grant of bail filed on behalf of the appellants.

The appellants have been convicted by the trial Court under Sections 147, 323/149 & 325/149 of the I.P.C. and sentenced to R.I. for one year each with fine of Rs.1000/- each, R.I. for six months each with fine of Rs.500/- each and R.I. for three years each with fine of Rs.5000/- each respectively, with default stipulations.

Learned counsel for the appellants has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellants for the aforesaid offence. Maximum sentence awarded against the appellants is three years, which has been suspended by the trial Court up to 28.03.2023. Disposal of this appeal would take considerable time, hence, jail sentence of the appellants may be suspended and they may be released on bail.

Learned Panel Lawyer has opposed the application.

Considering the aforesaid and the allegations made against the appellants, I find it to be a fit case to suspend the custodial sentence of the appellants, hence, without commenting on the merits of the case, 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 in the sum of Rs.30,000/-(Rupees Thirty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon the appellants shall remain suspended during pendency of this case and they shall be released on bail.

The appellants shall appear before the trial Court on 16.08.2023 and on all such subsequent dates, as may be fixed in this regard during pendency of this appeal, without fail.

Record of the Court below be requisitioned.

List the matter for admission after eight weeks.