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Madhya Pradesh High Court

Umesh Purviya vs The State Of Madhya Pradesh on 19 December, 2022

Author: Anjuli Palo

Bench: Anjuli Palo

1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10737 of 2022 (UMESH PURVIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH) Dated : 19-12-2022 Shri Gaurav Maheshwari - Advocate for the appellant.

Shri Chandrakant Mishra - Government Advocate for the State.

Heard on I.A. No.21981/2022, which is first application filed on behalf of the appellants for suspension of sentence and grant of bail.

The appellant nos.1 and 2 have been convicted by the trial Court under Sections 452 and 324/34 of IPC, Section 3(2)(va) of SC/ST Act and Section 25(1)(kha)(kha) of Arms Act and sentenced to R.I. for 2 years with fine of Rs.200/-, R.I for 1 year with fine of Rs.200/-, R.I for 1 year with fine of Rs.200/- and R.I. for 1 year with fine of Rs.100/- respectively with default stipulations and appellant no.3 has been convicted by the trial Court under Sections 452 and 324/34 of IPC and Section 3(2)(va) of SC/ST Act and sentenced to R.I. for 2 years with fine of Rs.200/-, R.I for 1 year with fine of Rs.200/- and R.I for 1 year with fine of Rs.200/- respectively with default stipulations.

Learned counsel for the appellants has submitted that the maximum sentence awarded to the appellants is 02 years. The jail sentence of the appellants is suspended till 19.12.2022 by the trial Court as mentioned in their application. 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 2 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 sentence of the appellants and to release them on bail, therefore, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond each in a sum of Rs.40,000/- (Rupees Forty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellants shall remain suspended and they shall be released on bail for securing their presence before the trial Court on 10.05.2023 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.

State is directed to inform the complainant. Record be called.

List the matter after 8 weeks for admission.

(SMT. ANJULI PALO) JUDGE anu Signature Not Verified SAN Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.12.19 16:03:21 IST