RAMESH KOLI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.5893/2023, an application for suspension of sentence and grant of bail filed on behalf of appellants No.1 to 4.

(2.) The trial Court has convicted the appellant No.1 under Sec. 324 of IPC and sentenced to undergo six months' RI with fine of Rs.200.00, under Sec. 323/34 (two counts) of IPC and sentenced to undergo till rising of the court with fine of Rs.500.00, appellant No.2 has been convicted under Sec. 323 (two counts) of IPC and sentenced to undergo till rising of the court with fine of Rs.500.00 and under Sec. 324/34 (two counts) of IPC and sentenced to undergo six months' RI with fine of Rs.200.00, appellant No.3 has been convicted under Sec. 323 (two counts) of IPC and sentenced to undergo till rising of the court with fine of Rs.500.00 and under Sec. 324/34 of IPC and sentenced to undergo six months' RI with fine of Rs.200.00 and appellant No.4 has been convicted under Sec. 323 (two counts) of IPC and sentenced to undergo till rising of the court with fine of Rs.500.00 and under Sec. 324/34 of IPC and sentenced to undergo six months' RI with fine of Rs.200.00, in default to suffer further one week simple imprisonment, vide judgment of conviction and order of sentence dtd. 24/3/2023 passed by First Additional Sessions Judge, Shivpuri to Additional Sessions Judge, Shivpuri in S.T.No.44/2018. Learned counsel for the appellants submits that the trial Court has not properly appreciated the evidence available on record. The appellants were on bail during trial and they have not misused the liberty granted to them. Learned trial Court has committed error in holding the appellants guilty for the aforesaid offences. The trial Court had already suspended their sentence till 23/4/2023. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellants prays for suspension of remaining jail sentence and grant of the bail to the appellants. Learned counsel for the respondent/State has opposed the prayer.

(3.) Heard learned counsel for both the parties. Having considered the rival submissions, the appellants No. 1 to 4 were on bail during trial and they did not misuse the liberty granted to them, trial Court has already suspended the sentence till 23/4/2023, conclusion of the trial will take time, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellants No.1 to 4 shall remain suspended.