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Radheshyam And Others vs e State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 26 October 2023 · Citation: (2023) 10 MP CK 0123

HON’BLE JUDGES
Prakash Chandra Gupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 389(1) · Indian Penal Code, 1860 — Section 34, 323, 435
CASE NUMBER
Criminal Appeal No. 13634 Of 2023
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Judgment

8 paragraphs · 350 words

Prakash Chandra Gupta, J

1.

Heard on IA No.16426/2023, which is first application filed under Section 389(1) of Cr.P.C., 1973 for suspension of jail sentence and grant of bail moved on behalf of appellants - Radheshyam and Lekin @ Lakhan.

2.

Learned trial Court has convicted the appellants under Sections 323/34 and 435 of IPC and sentenced them to undergo RI for 03 months with fine of Rs.500/- and RI for 02 years with fine of Rs.5,000/- each respectively with default stipulations vide judgement of conviction and order of sentence dated 26.09.2023 passed by the 2nd Additional Sessions Judge, Sarangpur, District Rajgarh in S.T. No.43/2021.

3.

Learned counsel for the appellants submits that appellants are innocent and they have falsely been implicated in the matter and their jail sentence has already been suspended by the trial Court till 26.10.2023. There is no likelihood of hearing of this appeal in near future. Hence, prays that application for suspension of jail sentence be allowed.

4.

Learned Government Advocate for the respondent/State, on the other hand has opposed the application and prayed for its rejection.

5.

Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension of jail sentence and grant of bail to the appellants. Hence, without expressing any opinion on merits of the case, I.A.No.16426/2023 is allowed and jail sentence of the appellants shall remain suspended.

6.

It is directed that subject to depositing the fine amount, if already not deposited, they shall be released on bail, on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty five thousand only) each with a solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 22.12.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Let record of the trial Court be requisitioned. List for admission after receipt of record. Certified copy, as per Rules.