Ravi And Others vs State Of Madhya Pradesh

Anil Verma, J

Heard on IA No.4599/2023, which is FIRST application filed under section 389 (1) of Code of Criminal Procedure, 1973 on behalf of appellant No.1 Ravi S/o Shri Radheshyam Mali, appellant No.2 Radheshyam S/o Shri Bondar Mali and appellant No.3 Akku @ Hemant S/o Shri Radheshyam Mali for grant of bail and suspension of remaining jail sentence.

Third Additional Sessions Judge, Khargone (West Nimar) MP in Sessions Trial No.63/2021 has convicted the appellants for offence under Sections 323/34 (on two counts) and 325/34 of Indian Penal Code, 1860 and sentenced to undergo six-six months rigorous imprisonment and fine of Rs.500/- Rs.500/- and three years rigorous imprisonment and fine of Rs.2,000/-along with default stipulation respectively.

Learned counsel for the appellants contended that the appellants are innocent and have been falsely implicated in this offence. After passing the judgment, their jail sentence has been suspended by the trial Court itself till 17.04.2023. During trial, they remained on bail and had not misused the liberty granted to them. There is material contradictions and omissions in the statement of the prosecution witnesses. There is strong case in their favour. Final hearing of the appeal will take considerable long time. Under these circumstances, counsel for the appellants prays that the application be allowed and the remaining jail sentence of the appellants be suspended till final disposal of the appeal.

Considering all the facts and circumstances of the case, the submissions made by the appellants as also taking note of the fact that the appellants remained on bail during trial and had not misused the liberty granted to them and the final hearing of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of appellants.

Accordingly, IA No. 4599/2023 is allowed and the execution of remaining jail sentence of the appellants is hereby suspended till the final disposal of this appeal and it is ordered that the appellants be released on bail upon their depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000/- (rupees seventy five thousand) each with one solvent surety each of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 05.10.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

IA No.4599/2023 stands allowed and disposed off.

Let the record of the trial Court be requisitioned.

List the matter on the question of admission along with the record.