Keshav Patel And Others vs State Of Madhya Pradesh

Vishal Dhagat, J

Heard on admission.

Appeal is admitted for final hearing.

Record be called for.

Also heard on I.A. No.5787/2024, an application for suspension of sentence and grant of bail to the appellants.

Appellants have been convicted for the offences punishable under Sections 323, 323, 324 (two counts) of the IPC and sentenced to undergo for period of one year RI, one year R.I., three years R.I. and three years R.I. respectively with fine of Rs.1000/-, Rs.1,000/-, Rs.2500/- and Rs.2500/- with default stipulation.

Learned counsel appearing for the appellants submitted that sentence has been suspended by the trial court till 22.03.2024. It is submitted that appellants have been convicted for short term and has been sentenced for maximum period of three years. Appeal is likely to take some time for hearing. Considering the short and fixed term of sentence, sentence of appellants be suspended and he may be released on bail.

Learned Govt. Advocate appearing for the State has opposed the application for suspension of sentence.

Heard the learned counsel for the parties.

Considering the short and fixed term of sentence and the fact that appellants are already on bail, IA is allowed.

It is directed that remaining part of the substantive jail sentence imposed upon the appellants shall remain suspended during the pendency of this appeal and appellants shall be released on bail, on their depositing the entire amount of fine, if not already deposited, and on furnishing 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 for his appearance before the Registry of this Court on 13/05/2024 and all other subsequent dates, as may be fixed by the Registry in this regard. Record of the Court below be called for.

List the matter for final hearing in due course. Certified copy as per rules.