Madhya Pradesh High Court
Ghasiram vs The State Of Madhya Pradesh on 25 August, 2022
Author: Anjuli Palo
Bench: Anjuli Palo
1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7159 of 2022 (GHASIRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH) Dated : 25-08-2022 Shri B.J.Chourasiya, Advocate for the appellant.
Shri C.M.Tiwari, Government Advocate for the State. Record of the Courts below be requisitioned. Also heard on I.A. No.15500/2022, which is first application filed on behalf of the appellants for suspension of sentence and grant of bail.
T he appellants have been convicted by the trial Court under Section 307/149 of IPC and sentenced to undergo R.I. for 03 years with fine of Rs.1,000/- each, under Section 323/149 (three counts) of IPC and sentenced to undergo RI for 03 months with fine of Rs.500/- each and under Section 148 of IPC and sentenced to undergo RI for 03 months each with default stipulations.
Learned counsel for the appellants has submitted that the maximum sentence awarded to the appellant is 03 years. The jail sentence of the appellant is suspended till 03.09.2022 (as mentioned in the application) by the trial Court itself. Disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellants may be suspended and they may be released on bail.
Learned Government Advocate has opposed the prayer for bail. Although record is not available, however, looking to the nature of offence, period of jail sentence awarded to the appellants, without commenting on the merits of the case, I deem it to be a fit case to suspend the custodial Signature Not Verified SAN sentence of the appellants and to release them on bail, therefore, this application Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.08.25 17:24:08 IST is allowed.
2I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) each with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellants-Ghasiram Ahirwar, Bablu Ahirwar, Durga Prasad Ahirwar and Kemchandra Ahirwar shall remain suspended and they shall be released on bail for securing their presence before the trial Court on 25.01.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.
The appellants shall regularly appear before the trial Court, on each and every date, without fail.
Record be requisitioned.
List this matter after eight weeks.
(SMT. ANJULI PALO) JUDGE anu Signature Not Verified SAN Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.08.25 17:24:08 IST