Brijesh Kumar Nai vs The State Of Madhya Pradesh
2021 Latest Caselaw 3900 MP

                                    1                                 CRA-4189-2021
         The High Court Of Madhya Pradesh
                    CRA-4189-2021
                 (BRIJESH KUMAR NAI Vs THE STATE OF MADHYA PRADESH)

1
Jabalpur, Dated : 03-08-2021
       Heard through Video Conferencing.
       Shri Vinod Tiwari, Advocate for the appellant.
       Shri Anand Nayak, panel lawyer for the State.
       Heard on admission.
       Appeal is admitted for final hearing.

       Record of the trial Court is available in connected case.
       Als o heard on I.A.No.13005/2021, which is first application under
Section 389 (1) of the Cr.P.C. filed on behalf of appellant for suspension of
sentence and grant of bail.
       A perusal of the judgment reveals that the appellant stands convicted
under Sections 392/34 of the IPC and has been sentenced to undergo
rigorous imprisonment for period of three years with fine of Rs.2000/- with
default stipulation.
       Learned counsel for the appellant submits that the appellant was on bail

during the trial and he has not misused the liberty granted to him. The jail
sentence of the appellant has already been suspended by the trial Court till
09.08.2021

and he has already deposited the fine amount, therefore, it has been prayed that the jail sentence of the appellant be suspended and he be released on bail.

Learned panel lawyer for the State on the other hand has opposed the bail application.

However, keeping in view the facts and circumstances of the case particularly the fact that the jail sentence of the appellant has already been suspended by the trial Court, therefore, in the opinion of this Court, this is a fit case for grant of bail.

Accordingly, I.A.No.13005/2021 is allowed.

2 CRA-4189-2021 It is directed that on depositing the fine amount and furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on 06.12.2021 and all other subsequent dates fixed by the that Court, the remaining part of the substantive jail sentence imposed

upon him shall remain suspended and he shall be released on bail.

Case be listed for final hearing in due course. Certified copy/e-copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2021.08.03 17:08:27 IST