Madhya Pradesh High Court
Ashutosh @ Ashu Mistri vs The State Of Madhya Pradesh on 18 January, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 982 of 2023
(ASHUTOSH @ ASHU MISTRI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 18-01-2023
Shri Amit Dubey - learned counsel for the appellants.
Shri Satpal Chaddar - learned Govt. Advocate for the respondent/State.
Call for the trial Court record.
Heard on I.A. No.1178/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellants, pending the appeal.
Appellants h a v e been convicted for commission of offence under Sections 307 read with Section 120B of IPC and have been sentenced to R.I. for 3 years each and fine of Rs.2000/- each and under Section 25(1-B) a read with Section 27(1) of Arms Act and have been sentenced to R.I. for 3 years each and fine of Rs.1000/- each with default stipulation vide judgment dated 15.12.2022 passed in S.T. No. 194/2020 (State of M.P. vs. Ashutosh and another) by 3rd Additional Sessions Judge, Betul (M.P.).
Learned counsel for the appellants has submitted that in the course of trial appellants were on bail. They have not misused the liberty granted by way of bail during trial. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. It is further submitted that after conviction and passing of jail sentence, learned trial Court itself has suspended the jail sentence of the appellants till 9.2.2023. It is submitted that prosecution had not been successful before the trial Court to prove the case. Trial Court has not properly appreciated the evidence of the prosecution witnesses. Therefore, appellants Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/19/2023 10:56:05 AM 2 have a fair chance to succeed in this appeal. Hence, it has been prayed that the execution of jail sentence of appellants be suspended and they be released on bail.
On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellants.
Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellants.
Consequently, I.A. No.1178/2023 is allowed. The execution of jail sentence of appellants is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) 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 trial Court on 12.6.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.
List this case for arguments on admission after receipt of record along with connected appeal.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/19/2023 10:56:05 AM