Madhya Pradesh High Court
Ramcharan Sahu vs The State Of Madhya Pradesh on 27 February, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2840 of 2023
(RAMCHARAN SAHU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 27-02-2023
Shri S. P. Pandey - Advocate for the appellants.
Shri Satyapal Chaddar - Govt. Advocate for respondent/ State.
Call for trial Court record.
Heard on I.A.No.4340/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants pending the appeal.
The appellant No.1 has been convicted for commission of offence under Section 195 and 211 of IPC and has been sentenced to undergo R.I. for 1-1 year and fine of Rs.500/- and Rs.1000/- respectively with default stipulation and appellant No.2 has been convicted for commission of offence under Section 182 of IPC and has been sentenced to six months imprisonment with fine of Rs.1000/-; under Section 195 and 211 of IPC and has been sentenced to undergo R.I. for 1-1 year and fine of Rs.500/- and Rs.1000/- respectively with default stipulation by the learned First Additional Sessions Judge, Mandla vide judgment dated 27.1.2023 passed in S.T. No.1300186/2016 (State of MP Vs. Ramcharan Sahu and another).
Learned counsel for the appellants has submitted that appellants have been released on bail till 27.3.2023 by the trial Court. During trial, they were on bail and they have not misused the liberty granted to them by way of bail. Learned counsel further submitted that they have fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/28/2023 11:18:14 AM 2 appeal would become futile.
On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellants.
Considering the short nature of sentence and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail sentence of the appellants because final hearing of this appeal is not possible in near future.
Consequently, I.A.No.4340/2023 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 the case for hearing on admission, immediately after receipt of trial Court record.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/28/2023 11:18:14 AM