Murari Rai vs The State Of Madhya Pradesh on 6 April, 2023

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Madhya Pradesh High Court

Murari Rai vs The State Of Madhya Pradesh on 6 April, 2023

Bench: Deepak Kumar Agarwal

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRA No. 4719 of 2023
                                        (MURARI RAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-04-2023
                               Shri Rajendra Singh Dhakar, learned counsel for the appellants.

                               Shri Dinesh Savita, learned counsel for the respondent- State.

Heard on admission.

Appeal appears to be arguable, is admitted for final hearing. Let record of the trial Court be called for.

Also heard on I.A.No. 6029 of 2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants.

Vide judgment dated 27-03-2023 passed by Special Judge( Atrocities), Shivpuri in Special Sessions Case No. 225 of 2017, the appellants have been sentenced to undergo six months imprisonment with fine of Rs. 250/- with default stipulation for offence under Section 427 of IPC and they have further been sentenced to three months rigorous imprisonment with fine of Rs.200/- with default stipulation for offence under Section 323 of IPC. Both the sentences have been directed to run concurrently.

It is submitted by counsel for the appellants that the appellants were on bail during trial and they did not misuse the liberty granted to them. Fine amount has already been deposited by the appellants. It is also submitted that learned Trial Court has already suspended jail sentence of the appellants for a period of one month. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellants be released on bail.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/6/2023 6:01:21 PM 2

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible and that learned trial Court has already suspended jail sentence of the appellants for a period of one month, IA is allowed. It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 12th June, 2023 and on such further dates as may be fixed by the office in this regard, remaining jail sentence awarded to them shall remain suspended till disposal of the appeal and they shall be released on bail.

Application IA is allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary compliance.

List for final hearing in usual course after receipt of record. C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE MKB Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/6/2023 6:01:21 PM

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